In re: Polyurethane Foam Antitrust Litigation
Plaintiff: Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class and Indirect Purchasers
Defendant: Defendants Liaison Counsel
Petitioner: Arsenal Capital Partners
Special Master: David Rosenblum Cohen
Intervenor: The Dow Chemical Company
Case Number: 1:2010md02196
Filed: December 2, 2010
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: Jack Zouhary (MDL2196)
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1 Antitrust Litigation
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2022 Filing 2201 Notice of Satisfaction and Release of Orders Granting Sanctions Against Objector Christopher Andrews filed by All Parties. Related document(s) #2113 , #2150 .(Secrest, Jonathan)
October 25, 2019 Opinion or Order Filing 2200 Order. Indirect Purchaser Plaintiffs move to approve another distribution of the Settlement Fund #2197 . This Court approves the filing of a Response by Objector Christopher Andrews #2199 . Andrews' Response #2199 , objecting to the Motion to Approve is an unwarranted attack on Class Counsel. This Court will ignore the Response without spilling any further ink. It seems that Class Counsel is asking this Court to approve a distribution of some $6,000 to satisfy fees and costs defending the earlier objections of Andrews to the settlement, as well as in pursuing collection of sanctions against Andrews. This Court declines the request. This Court finds that the small amount of "left over" funds should go directly to the cy pres as previously ordered. See Order for other details. Judge Jack Zouhary (MDL2196) on 10/25/2019. (D,L)
October 25, 2019 Copy of #2200 mailed to Christopher Andrews at PO Box 530394, Livonia, MI 48153-0394 on 10/25/2019. (D,L)
October 2, 2019 Filing 2199 Motion for leave to file Response to #1297 Indirect Purchaser Plaintiffs' Motion to Approve Distribution of Settlement Fund with Exhibits attached filed by Christopher Andrews. (Attachments: #1 Proposed Response )(M,L)
September 20, 2019 Filing 2198 Affidavit/Declaration Declaration of Eric J. Miller Regarding Distribution of the Settlement Fund filed by Indirect Purchaser Class. Related document(s) #2197 . (Miller, Marvin)
September 20, 2019 Filing 2197 Motion for disbursement/distribution Indirect Purchaser Plaintiffs' Motion to Approve Distribution of Settlement Funds filed by Plaintiff Indirect Purchaser Class. (Attachments: #1 Exhibit A - Opinion Granting Renewed Motion to Dismiss, #2 Exhibit B - Opinion Regarding Independent Purchasers' Motion for Judgment of the Pleadings)(Miller, Marvin)
April 30, 2019 Opinion or Order Filing 2196 Order granting #2194 Motion for Order to Approve Re-Allocation and Re-Distribution of Settlement Funds to Class Members and Payment of Administrative Fees and Expenses for the Direct Purchaser Settlement Classes. See Order for details. Judge Jack Zouhary (MDL2196) on 4/30/2019.(D,L)
April 9, 2019 Opinion or Order Filing 2195 ORDER. Plaintiffs ask Court to approve a re-allocation and re-distribution of settlement funds to Class members as well as payment of administrative fees and expenses #2194 . Response to this Motion is due by 4/24/19. Absent objection, the Motion will be granted. Judge Jack Zouhary (MDL2196) on 4/9/19. (S,Na)
April 3, 2019 Filing 2194 Motion FOR ORDER TO APPROVE RE-ALLOCATION AND RE-DISTRIBUTION OF SETTLEMENT FUNDS TO CLASS MEMBERS AND PAYMENT OF ADMINISTRATIVE FEES AND EXPENSES FOR THE DIRECT PURCHASER SETTLEMENT CLASSES filed by Plaintiff Direct Purchaser Class. (Attachments: #1 Affidavit Declaration of Sperry, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order Proposed Order)(Felder, Melissa)
May 7, 2018 Opinion or Order Filing 2193 Order granting #2192 Motion For Order to Approve Distribution of Settlement Funds to Class Members and Payment of Administrative Fees and Expenses for the Direct Purchaser Settlement Class. Judge Jack Zouhary (MDL2196) on 5/7/2018.(D,L)
May 3, 2018 Filing 2192 Motion For Order to Approve Distribution of Settlement Funds to Class Members and Payment of Administrative Fees and Expenses for the Direct Purchaser Settlement Class filed by Plaintiff Direct Purchaser Class. Related document(s) #2186 . (Attachments: #1 Affidavit Brasefield, #2 Proposed Order)(Felder, Melissa)
March 13, 2018 Filing 2190 True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment re Notice of Appeals #2161 and #2167 (USCA# 17-3361 & 17-3548). Date issued as mandate 3/12/18, Costs: None (H,SP)
December 21, 2017 Filing 2189 Final Distribution Order. The Motion of the Direct Purchaser Class #2186 is granted as noted in Order. See Order for details. Judge Jack Zouhary (MDL2196) on 12/21/2017. (D,L)
December 7, 2017 Filing 2187 SEALED Document:Brasefield Declaration Exhibit B - Claimant Sheet filed by Direct Purchaser Class. Related document(s) #42 , #2186 . (Felder, Melissa)
December 7, 2017 Filing 2186 Motion for order to approve distribution of settlement funds to class members and payment of administrative fees and expenses for direct purchaser settlement classes filed by Plaintiff Direct Purchaser Class. (Attachments: #1 Declaration Brasefield, #2 Exhibit A - GCG Invoice, #3 Exhibit B - Claimant Sheet, #4 Exhibit C - GCG Invoice, #5 Exhibit D - GCG Invoice, #6 Proposed Order)(Felder, Melissa)
November 2, 2017 Filing 2185 Submission of Escrow Fee Invoices filed by Indirect Purchaser Class. (Attachments: #1 Exhibit A)Related document(s) #1925 .(Miller, Marvin)
October 30, 2017 Filing 2184 Distribution Order. Indirect Purchaser Plaintiffs' Motion for Distribution #2172 is granted in part and denied in part. See Order for details. This Court retains jurisdiction to consider any further applications regarding administration of the Settlement, and such other and further relief as this Court deems appropriate. Judge Jack Zouhary on 10/30/2017.(D,L)
October 27, 2017 Filing 2183 Submission of Media Invoice filed by Indirect Purchaser Class. (Attachments: #1 Exhibit Polyfoam 2015 Media Notice Invoice)Related document(s) #2172 .(Miller, Marvin)
September 29, 2017 Filing 2182 CORRECTED - Supplemental Declaration of Eric J. Miller Regarding claims administration filed by Indirect Purchaser Class. Related document #2178 . (Miller, Marvin) Modified text 10/5/2017 (C,KA).
September 29, 2017 Filing 2181 DUPLICATE FILING of doc #2179 Supplement declaration and exhibits of Eric J. Miller regarding claims administration filed by Indirect Purchaser Class. Related document #2172 . (Miller, Marvin) Modified text 10/5/2017 (C,KA).
September 29, 2017 Filing 2180 Reply Memorandum in Support of Motion for Supplemental Fee Award filed by Indirect Purchaser Class. Related document(s) #2178 . (Attachments: #1 Affidavit Supplemental Declaration of Eric J. Miller Regarding the Impact of Additional Attorneys' Fees on the Class) (Miller, Marvin) Modified text 10/5/2017 (C,KA).
September 29, 2017 Filing 2179 Supplement Declaration with exhibits of Eric J. Miller regarding Claims Administration filed by Indirect Purchaser Class. Related document(s) #2172 . (Miller, Marvin) Modified text on 9/29/2017 (M, S). Modified text 10/5/2017 (C,KA).
September 19, 2017 Opinion or Order Filing 2178 Order. Class Counsel shall file a reply brief, not to exceed 15 pages, no later than Friday, September 29, 2017. See Order for details. Judge Jack Zouhary on 9/19/2017. (D,L)
September 19, 2017 Filing 2177 September 15, 2017 Letter from J.J. Thomas. (D,L)
September 11, 2017 Filing 2176 Opposition to #2172 Motion for disbursement/distribution CORRECTED - Motion for an Order Approving Claims, Authorizing Distribution of Net Settlement Funds, Initial Payment of Claims Administration Fees and Expenses, and for Attorneys' Fees and Reimbursemen filed by Melissa Holyoak, John Tabin. (St. John, Anna)
August 14, 2017 Opinion or Order Filing 2175 Order directing interested parties who wish to respond to the IPC Motion and Supplemental Brief to do so no later than Monday, September 11, 2017(related docs #2172 , #2174 ). Judge Jack Zouhary 8/14/2017 (C,KA)
August 10, 2017 Filing 2174 Supplemental memorandum of law requested per order #2173 filed by Indirect Purchaser Class. (Attachments: #1 Declaration of Eric Miller Regarding the Impact of Additional Attorneys' Fees on the Class)(Miller, Marvin) Modified text 8/11/2017 (C,KA).
August 3, 2017 Opinion or Order Filing 2173 Order Regarding Document #2172 Indirect Purchaser Class Motion (Corrected) for an Order Approving Claims, Authorizing Distribution of Net Settlement Funds, Initial Payment of Claims Administration Fees and Expenses, and for Attorneys' Fees and Reimbursement. Class counsel are instructed to submit their billing records in support of this Motion for review in camera. Counsel shall e-mail a copy of their records to zouhary_chambers@ohnd.uscourts.gov, with a courtesy hard copy delivered to Chambers. Class counsel shall also file a supplemental brief, not to exceed five (5) pages, addressing (1)why this Court should order an additional award of attorney fees beyond the percentage of the fund already authorized, and (2) how any additional fee award will impact the distribution to class members. Counsel shall submit their supplemental brief and billing records no later than Friday, August 18, 2017. Signed by Judge Jack Zouhary on 8/3/2017. (B,R)
July 10, 2017 Filing 2172 Motion (Corrected) for an Order Approving Claims, Authorizing Distribution of Net Settlement Funds, Initial Payment of Claims Administration Fees and Expenses, and for Attorneys' Fees and Reimbursement of Expenses Incurred After January 27, 2016 filed by Plaintiff Indirect Purchaser Class. Related document(s) #2020 . (Attachments: #1 Exhibit A - Declaration of Eric J. Miller, #2 Exhibit B - Declaration of Marvin A. Miller, #3 Exhibit C - Supplemental Declaration of Richard M. Kerger, #4 Exhibit D - Declaration of Jay B. Shapiro, #5 Exhibit E - Declaration of Martin D. Holmes)(Miller, Marvin) Modified text on 8/3/2017 (B,R).
July 5, 2017 Filing 2170 Class Submission of Escrow Agent Quaterly Invoices filed by Indirect Purchaser Class. (Attachments: #1 Exhibit A - Court Order Doc #1925, #2 Exhibit B - Invoices - Escrow Agent)(Miller, Marvin)
May 25, 2017 Acknowledgment from the USCA for Sixth Circuit of receipt of #2167 Notice of Appeal (USCA# 17-3548). Date filed in USCA 5/24/17. (H,SP)
May 19, 2017 Filing 2169 Marginal Entry Order granting #2168 Motion to appeal in forma pauperis. Judge Jack Zouhary on 5/19/2017.(D,L)
May 19, 2017 Filing 2168 Motion to appeal in forma pauperis filed by Christopher Andrews. (M,L) Modified text on 5/19/2017 (M,L).
May 19, 2017 Filing 2167 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #2166 Order on Motion for leave (to file Motion to stay sanctions judgment) #2165 filed by Christopher Andrews. Filing fee not paid (M,L). Modified text on 5/22/2017 (H,SP).
May 19, 2017 Copy of #2169 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 5/19/2017. (D,L)
May 4, 2017 Opinion or Order Filing 2166 Order granting #2165 Andrews' Request for Leave to File Motion to Stay Sanctions Judgment pending appeal and denying #2165 -1 Motion to Stay. See Order for details. Judge Jack Zouhary (MDL2196) on 5/4/2017.(D,L)
May 4, 2017 Filing 2165 Motion for leave to file motion filed by Christopher Andrews. Related document(s) #2113 , #2150 . (Attachments: #1 Motion to stay sanctions judgment)(R,Ke)
May 4, 2017 Copy of #2166 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 5/4/2017. (D,L)
April 18, 2017 Opinion or Order Filing 2164 Order. Objector pro se Christopher Andrews requests leave to file a Motion to Vacate Sanctions, attached as Exhibit A. Andrews' argument is frivolous, and therefore his request for leave to file the Motion is denied. Judge Jack Zouhary (MDL2196) on 4/18/2017. (Attachments: #1 Exhibit A)(D,L)
April 18, 2017 Copy of #2164 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 4/18/2017. (D,L)
April 13, 2017 Acknowledgment from the USCA for Sixth Circuit of receipt of #2161 Notice of Appeal (USCA# 17-3361). Date filed in USCA 4/11/17. (H,SP)
April 11, 2017 Opinion or Order Filing 2163 Order granting #2156 Objector Andrews' Motion for leave to appeal in forma pauperis #2156 . Judge Jack Zouhary on 4/11/2017.(D,L)
April 11, 2017 Copy of #2163 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 4/11/2017. (D,L)
April 6, 2017 Filing 2161 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #2144 Order of 1/19/17, #2150 Order and #2151 Judgment Entry of 2/28/17, #2113 Order of 10/24/16, filed by Christopher Andrews. Filing fee not paid. (R,Ke) Modified text on 4/7/2017 (H,SP).
April 4, 2017 Opinion or Order Filing 2160 Order. Objector Andrews' Request for Leave to File Appeal and Motion to File and Proceed In Forma Pauperis #2156 remains pending. In response to that Request, this Court ordered Objector Andrews to submit under seal copiesof his account statements from Citizens Bank, plus any other bank account he held, for the period October 2016 to March 2017 #2159 . To date this Court has not received a response from Andrews. Andrews' response is due by Friday, April 14, 2017. If this Court does not receive a response by that date, Andrews' Request #2156 will be denied. Judge Jack Zouhary (MDL2196) on 4/4/2017. (D,L)
April 4, 2017 Copy of #2160 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 4/4/2017. (D,L)
March 28, 2017 Opinion or Order Filing 2159 Order. In response to this Court's prior Order #2157 , class counsel filed under seal a copy of the documents produced by Objector Christopher Andrews #2158 during the limited financial discovery in this matter. Those documents include account statements from Citizens Bank for December 2014 to July 2015 #2158 , but no more recent bank records. Andrews shall submit under seal copies of his account statements from Citizens Bank, plus any other bank account he held, for the period October 2016 to March 2017. Judge Jack Zouhary on 3/28/2017. (D,L)
March 28, 2017 Copy of #2159 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on on 3/28/2017. (D,L)
March 23, 2017 Filing 2158 SEALED Document:Notice of Filing filed by Indirect Purchaser Class. Related document(s) #2157 . (Attachments: #1 Exhibit Deposition Transcript, #2 Exhibit Bank Statements, #3 Exhibit Email with attachments, #4 Exhibit IRS Form, #5 Exhibit Receipts, #6 Exhibit Vehicle Registration)(Kerger, Richard)
March 22, 2017 Opinion or Order Filing 2157 Order re Objector Christopher Andrews' Motion for Permission to Appeal in forma pauperis #2156 . This Court requires additional documentation of Andrews' financial status to effectively evaluate his Motion. Class counsel shall promptly file under seal the documents referenced in the January 9 and January 13 Orders (Docs. #2133 , #2141 ), which were produced by Andrews during the limited discovery related to the October 24 Order (Doc. #2113 ). Judge Jack Zouhary on 3/22/2017. (D,L)
March 22, 2017 Copy of #2157 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 2/28/201 on 3/22/2017. (D,L)
March 17, 2017 Filing 2156 Motion for leave to appeal, Motion to appeal in forma pauperis filed by Christopher Andrews. Related document(s) #2144 , #2151 , #2113 , #2150 . (R,Ke)
March 14, 2017 Opinion or Order Filing 2155 Order Approving Distribution and granting #2152 Motion For Order to Approve Distribution of Settlement Funds to Class Members and Payment of Administrative Fees and Expenses for the Direct Purchaser Settlement Classes. See Order for details. Judge Jack Zouhary (MDL2196) on 3/14/2017.(D,L)
March 14, 2017 Filing 2154 Marginal Entry Order approving #2149 Indirect Purchaser Plaintiff Class' Submission of Escrow Agent Invoices for Payment. Judge Jack Zouhary (MDL2196) on 3/14/2017. (D,L)
March 2, 2017 Filing 2153 SEALED Document:Exhibit B of Brasefield Declaration filed by Direct Purchaser Class. Related document(s) #42 , #2152 . (Attachments: #1 Exhibit B - Distribution Chart)(Felder, Melissa)
March 2, 2017 Filing 2152 Motion For Order to Approve Distribution of Settlement Funds to Class Members and Payment of Administrative Fees and Expenses for the Direct Purchaser Settlement Classes filed by Plaintiff Direct Purchaser Class. (Attachments: #1 Affidavit Brasefield Affidavit, #2 Exhibit A - Invoices, #3 Exhibit B - Distribution Chart, #4 Proposed Order)(Felder, Melissa)
February 28, 2017 Filing 2151 Judgment Entry re: Sanctions. This Court confirms the previously imposed sanction award of $15,303 #2113 , with the addition of interest for the months of November 2016, December 2016, and January 2017 in the amount of $6,579 #2042 -5, for a total penalty of $21,882. Judge Jack Zouhary on 2/28/2017. (D,L)
February 28, 2017 Opinion or Order Filing 2150 Order re: Sanctions. See Order for details. Judge Jack Zouhary on 2/28/2017. (D,L)
February 28, 2017 Copy of #2150 and #2151 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 2/28/2017. (D,L)
February 16, 2017 Filing 2149 Indirect Purchaser Plaintiff Class' Submission of Escrow Agent Invoices for Payment filed by Indirect Purchaser Class. Related document(s) #1925 .(Miller, Marvin)
February 14, 2017 Filing 2148 Marginal Entry Order. Request for Leave to File Response #2147 is granted. Relief requested in Response to Order Dkt. 2144 [2147-1] is denied. Judge Jack Zouhary on 2/14/2017.(D,L)
February 14, 2017 Filing 2147 Request for Leave to File Response to #2144 Order filed by Christopher Andrews. Related document(s) #2144 . (Attachments: #1 Proposed Response)(M,L)
February 14, 2017 Copy of #2148 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 2/14/2017. (D,L)
February 6, 2017 Filing 2146 Reply in support of #2107 Motion for sanctions Indirect Purchaser Class' Motion for Sanctions and Incorporated Memorandum of Law filed by Indirect Purchaser Class. (Kerger, Richard)
January 31, 2017 Filing 2145 Appeal Order from US Supreme Court: The petition for a writ of certiorari is denied re #2131 (No. 16-7328) (H,SP)
January 20, 2017 Copy of #2143 and #2144 HAND DELIVERED to Christopher Andrews at the U.S. District Court (while here for his deposition) 1/20/2017. (D,L)
January 19, 2017 Opinion or Order Filing 2144 Order. Previous Orders (Docs. #2113 , #2123 , #2124 , #2127 , & #2133 ) filed by this Court were designated in the caption as related to "All Direct Purchaser Class Actions." Those Orders are corrected by interlineation to reflect that they are related to "All Indirect Purchaser Class Actions." Judge Jack Zouhary on 1/19/2017. (D,L)
January 19, 2017 Filing 2143 Letter to Christopher Andrews from the Clerk's Office. (Attachments: #1 Sixth Circuit Docs)(D,L)
January 13, 2017 Filing 2142 Marginal Entry Order granting #2139 Request for leave to file Response to docket #2138 . See Doc. #2139 . Judge Jack Zouhary (MDL2196) on 1/13/2017.(D,L)
January 13, 2017 Filing 2141 Marginal Entry Order granting #2140 Motion for extension of time to produce documents. Deadline for production is now January 18, 2017. Judge Jack Zouhary on 1/13/2017.(D,L) Modified text on 1/17/2017 (R,Sh).
January 13, 2017 Filing 2140 Motion for extension of time to produce documents until January 18, 2017 filed by Plaintiff Indirect Purchaser Class. Related document(s) #2139 . (Kerger, Richard) Modified text on 1/17/2017 (R,Sh).
January 13, 2017 Filing 2139 Request for leave to file Response to docket #2138 filed by Christopher Andrews. (H,JD)
January 13, 2017 Copy of #2141 and #2142 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 1/13/2017. (D,L)
January 11, 2017 Filing 2138 Indirect Purchaser Plaintiffs' Notice Regarding Conduct of Christopher Andrews and Suggestions for Additional Sanctions filed by Indirect Purchaser Class. (Attachments: #1 Exhibit A - January 6, 2017 Email, #2 Exhibit B - January 8, 2017 Email)Related document(s) #2127 .(Miller, Marvin)
January 10, 2017 Filing 2137 Arrest Warrant Returned Executed by U.S. Marshal Service upon Christopher Andrews on 1/6/2017. (M,L)
January 10, 2017 Filing 2136 FILING ERROR, document returned per Order #2123 . Request for leave to file proof of $6.2 attorney fee fraud on Court filed by Christopher Andrews. (Attachments: #1 Exhibit 1)(H,JD) Modified on 1/10/2017 (H,JD).
January 10, 2017 Filing 2135 Transcript of Hearing held on January 6, 2017 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [28 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/17/2017. Redaction Request due 1/31/2017. Redacted Transcript Deadline set for 2/10/2017. Release of Transcript Restriction set for 4/10/2017. (N,A)
January 9, 2017 Filing 2134 Non-Appeal Transcript Order Form for proceedings held on 01/06/2017 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 01/13/2017 filed by Indirect Purchaser Class. (Kerger, Richard)
January 9, 2017 Opinion or Order Filing 2133 Order. This Court held a Record Hearing on 1/6/2017 regarding its earlier Show Cause Order #2127 . After this Court asked a few preliminary questions, IPC counsel deposed Andrews. Counsel and Andrews agreed that Andrews will produce certain documents by Friday, January 13, 2017. The deposition is held open and will resume -- if necessary, upon review of the documents -- on Friday, January 20, 2017 at 10:00 AM at the United States Courthouse, 1716 Spielbusch Avenue, Toledo, Ohio. Judge Jack Zouhary on 1/9/2017. (Court Reporter: Angela Nixon) (1 hr)(D,L) Modified on 1/19/2017 -- See Doc. #2144 for corrected caption information. (D,L).
January 9, 2017 Copy of #2133 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 1/9/2017. (D,L)
December 30, 2016 Filing 2131 Appeal Remark from US Supreme Court: The petition for a writ of certiorari was filed on 12/22/16 and placed on the docket 12/28/16 as No. 16-7328 (H,SP)
December 30, 2016 Filing 2130 Response to #2125 Motion for contempt filed by Christopher Andrews per #2129 Order. (Attachments: #1 Exhibit 1 - Email communications, #2 Exhibit 2 - Miller Law letter, #3 Exhibit 2A - Order granting sanctions, #4 Exhibit 3 - Notice of deposition is invalid, request the hearing be cancelled, #5 Exhibit 3A - Response to docket 2122, #6 Exhibit 4 - Order denying motion for reconsideration and Response to Orders 2123 and 2124, #7 Exhibit 5 - Order denying motion for consideration)(H,JD)
December 30, 2016 Filing 2129 Marginal Entry Order granting #2128 Request for leave to respond to #2125 contempt motion. Request for Leave to File a Response is granted. Clerk's office is instructed to file the Response and all Exhibits as a separate document. Judge Jack Zouhary on 12/30/2016.(D,L)
December 30, 2016 Copy of #2129 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 12/30/2016. (D,L)
December 29, 2016 Filing 2128 Request for leave to respond to #2125 contempt motion filed by Christopher Andrews. Related document(s) #2123 , #2124 , #2122 , #2125 . (Attachments: #1 Response to Contempt Motion, #2 Exhibit 1 - Email communications, #3 Exhibit 2 - Miller Law letter, #4 Exhibit 2A - Order granting sanctions, #5 Exhibit 3 - Notice of deposition is invalid, request the hearing be cancelled, #6 Exhibit 3A - Response to docket 2122, #7 Exhibit 4 - Order denying motion for reconsideration and Response to Orders 2123 and 2124, #8 Exhibit 5 - Order denying motion for consideration)(H,JD)
December 29, 2016 Opinion or Order Filing 2127 Order of Civil Contempt granting #2125 Motion for contempt. The United States Marshals are directed to bring Andrews before this Court as soon as practicable for him to answer why he should not be required to pay an additional monetary sanction in light of his continued contumacious conduct, and his undisguised failure to follow this Court's December Order. Judge Jack Zouhary on 12/29/2016. See Order for details. (Attachments: #1 Exhibit A, #2 Exhibit B)(D,L) Modified on 1/19/2017 -- See Doc. #2144 for corrected caption information. (D,L).
December 27, 2016 Filing 2126 Supplemental Brief in Support of Motion for Civil Contempt filed by Indirect Purchaser Class. Related document(s) #2125 . (Attachments: #1 Statement for the Record) (Kerger, Richard)
December 21, 2016 Filing 2125 Motion for contempt and Brief in Support filed by Plaintiff Indirect Purchaser Class. (Attachments: #1 Exhibit Order, #2 Exhibit Notice, #3 Exhibit Letter, #4 Exhibit Order, #5 Exhibit Letter, #6 Exhibit Copy of Case)(Kerger, Richard)
December 12, 2016 Opinion or Order Filing 2124 Order granting in part Objector Christopher Andrews' Motion to cancel or postpone his deposition (Related Doc #2119 ). This Court will grant a one-day extension for his deposition which will now be held on Wednesday, December 21, 2016 at 1:30 PM at the Toledo Courthouse. This Court will be available to hear objections to the document request, but only after Andrews and counsel have conferred. The request to cancel the deposition or postpone the deposition until January is denied. Failure to appear as noticed, and as ordered by this Court, on Wednesday, December 21 (absent a modification agreed to by all parties) may result in additional sanctions against Andrews. Signed by Judge Jack Zouhary on 12/12/2016.(R,Sh) Modified on 1/19/2017 -- See Doc. #2144 for corrected caption information. (D,L).
December 12, 2016 Opinion or Order Filing 2123 Order denying Objector Christopher Andrews' Motion for Reconsideration (Related Doc #2117 ). In light of the streaming filings by Andrews, the Clerks Office is directed not to accept any further motions by Andrews, who must first request leave before a filing is accepted. Andrews knows that he may appeal this Courts previous orders, and that is proper recourse. Andrews has exhausted his remedies with this Court, and in the process has exhausted this Court. The Motion for Reconsideration is, emphatically, denied. Signed by Judge Jack Zouhary on 12/12/2016.(R,Sh) Modified on 1/19/2017 -- See Doc. #2144 for corrected caption information. (D,L).
December 12, 2016 Copy of #2124 Order on Motion for order,, #2123 Order on Motion for relief, mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 12/12/2016. Related document(s) #2124 , #2123 . (R,Sh)
December 9, 2016 Filing 2122 Indirect Purchaser Plaintiffs' Opposition to Andrews' Second Motion to Cancel his Deposition (Doc. 2121) filed by Indirect Purchaser Class. Related document(s) #2121 . (Attachments: #1 Exhibit A - Andrews Deposition Notice, #2 Exhibit B - Andrews Dec. 2 Email, #3 Exhibit C - Response to Andrews Dec. 2 Email) (Miller, Marvin)
December 9, 2016 Filing 2121 Notice of deposition is invalid, request the hearing be cancelled filed by Christopher Andrews. (H,JD)
December 8, 2016 Filing 2120 Opposition to #2119 Motion (request) to cancel/move Creditor's hearing filed by Indirect Purchaser Class. (Miller, Marvin) Modified text on 12/19/2016 (B,R).
December 7, 2016 Filing 2119 Motion (request) to cancel/move creditor's hearing filed by Christopher Andrews. (H,JD)
December 7, 2016 Filing 2118 Opposition to #2117 Motion for relief Indirect Purchaser Class' Opposition to Andrews' Latest Motion for Reconsideration (Doc. 2117) filed by Indirect Purchaser Class. (Miller, Marvin)
November 23, 2016 Filing 2117 Motion for Reversal of the Court's #2020 Order of Approval, #2068 , #2104 Orders on Bond and #2113 Order on Sanctions pursuant to Rule 60(b) filed by MDL Notice Only Christopher Andrews. (Attachments: #1 U.S. Court of Appeals Opinion, #2 Pending Bond Decision and Appeal Brief)(L,A)
November 15, 2016 Filing 2116 Marginal Entry Order denying #2115 Motion for Reversal of Sanctions regarding the Court's #2113 Order. This Court treats Objector Andrews' latest filing as a Motion under Federal Civil Rule 60(b) for a reversal of earlier Orders on bond (Docs. #2068 , #2104 ) and sanctions (Doc. #2113 ). That Motion (Doc. #2115 ) -- more a threat against this Court, rather than a new argument or discussion identifying an obvious error -- is denied. Judge Jack Zouhary (MDL2196) on 11/15/2016.(D,L)
November 15, 2016 Filing 2115 Motion for Reversal of Sanctions regarding the Court's #2113 Order filed by MDL Notice Only Christopher Andrews. Related document(s) #2113 . (L,A)
November 15, 2016 Copy of #2116 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 11/15/2016. (D,L)
November 2, 2016 Opinion or Order Filing 2114 Order recommending the termination of multidistrict litigation known as "In Re: Polyurethane Foam Antitrust Litigation." This Court recommends the JPML terminate this multidistrict litigation proceeding and the Clerk of Court close this matter, subject to this Court's continuing jurisdiction to enforce its Orders, handle any matters related to the final distributions of the class action settlements, or address any other miscellaneous issues necessary to complete the administration of these cases. Signed by Judge Jack Zouhary on 11/2/2016. (R,Sh)
October 25, 2016 Copy of #2113 Order on Motion for sanctions, mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 10/25/2016. Related document(s) #2113 . (R,Sh)
October 24, 2016 Opinion or Order Filing 2113 Order granting Motion for sanctions. That amount, from April 2016 through October 2016, totals $15,303, with interest continuing to run until payment is made in full. (Related Doc #2107 ). Signed by Judge Jack Zouhary (MDL2196) on 10/24/2016. (Attachments: #1 U.S. Court of Appeals letter dated 10/13/16)(B,R) Modified on 1/19/2017 -- See Doc. #2144 for corrected caption information. (D,L).
October 24, 2016 Opinion or Order Filing 2112 Order denying Motion for Reimbursement of Inadvertently-Omitted Expenses (Related Doc #2106 ). Signed by Judge Jack Zouhary (MDL2196) on 10/24/2016.(B,R)
October 20, 2016 Filing 2111 Supplement to Objector's #2108 Response to Indirect Purchaser Class' #2107 Motion for Sanctions filed by Christopher Andrews. Related document(s) #2108 . (L,A)
October 7, 2016 Filing 2110 Reply in support of #2107 Motion for sanctions Indirect Purchaser Class' Motion for Sanctions and Incorporated Memorandum of Law filed by Indirect Purchaser Class. (Attachments: #1 Exhibit A - Order Denying Rehearing En Banc, #2 Exhibit B - 6-20-2016 Order Dismissing Appeal, #3 Exhibit C - Andrews' Motion to Stay Mandate, #4 Exhibit D - 6-20-2016 Ltr from 6th Cir, #5 Exhibit E - Natl Law Journal article)(Miller, Marvin)
October 3, 2016 Filing 2109 Notice of Sixth Circuit Court of Appeals Filing - Request to Stay Mandate filed by Christopher Andrews. (D,L)
October 3, 2016 Filing 2108 Response to #2107 Indirect Purchaser Class' Motion for Sanctions filed by Christopher Andrews. (Attachments: #1 Documents in support)(H,JD)
September 27, 2016 Filing 2107 Motion for sanctions and Incorporated Memorandum of Law filed by Plaintiff Indirect Purchaser Class. (Attachments: #1 Exhibit A - Email from C. Andrews to M. Miller dated September 15, 2016)(Miller, Marvin) Modified text on 9/28/2016 (B,R).
September 15, 2016 Filing 2106 Motion Reimbursement of Inadvertently-Omitted Expenses filed by Plaintiff Direct Purchaser Class. (Attachments: #1 Affidavit of Adam B. Wolfson)(Wolfson, Adam)
July 13, 2016 Filing 2105 Notice of Filing to Bring Record Current and Complete filed by Objector Christopher Andrews. (L,A)
July 12, 2016 Opinion or Order Filing 2104 Order that this court lacks jurisdiction to decide Objector Christpher Andrews' Motion for reconsideration, re #2102 , for the reasons stated herein and therefore, the Motion for reconsideration is dismissed. Related Doc #2102 . Signed by Judge Jack Zouhary on 7/12/2016.(R,Sh)
July 12, 2016 Copy of #2104 Order on Motion for reconsideration, mailed to Christopher Andrews on 7/12/2016. Related document(s) #2104 . (R,Sh)
July 5, 2016 Filing 2103 Indirect Purchaser Plaintiffs' Notice of Filing to Bring Record Current and Complete filed by Indirect Purchaser Class. (Attachments: #1 Exhibit A- Christopher Andrews e-mail)(Miller, Marvin) Modified text on 7/6/2016 (R,Sh).
June 23, 2016 Filing 2102 Motion (second) for reconsideration/stay on bond order under Rule 59(e) based on new case law under Shane v Blue Cross 15-1544 filed by Christopher Andrews. (H,JD)
June 21, 2016 Filing 2101 True copy of order from the USCA for the Sixth Circuit: Granting the motion to dismiss Hinojosa's appeal as late re #2048 . The motion to dismiss for failure to post the appeal bond is denied as moot (USCA# 16-3241). Circuit Judges: Guy and McKeague, District Judge: Bertelsman. Date issued by USCA 6/20/16 (H,SP)
June 21, 2016 Filing 2100 True copy of order from the USCA for the Sixth Circuit: Denying the motion to reverse or stay the appeal bond. Granting the motion to dismiss the appeal #2035 . Andrews may move to reinstate his appeal only if he posts the full amount of the appeal bond ($145,463) no later than fourteen (14) days after this order is entered on the docket (USCA# 16-3168). Circuit Judges: Guy and McKeague, District Judge: Bertelsman. Date issued by USCA 6/20/16 (H,SP)
May 19, 2016 Filing 2099 True copy of order from the USCA for the Sixth Circuit: Granting the appellant Patrick S. Sweeney's motion to voluntarily dismiss the appeal re #2039 (USCA# 16-3189). Date issued by USCA 5/18/16 (H,SP)
May 19, 2016 Filing 2098 True copy of order from the USCA for the Sixth Circuit: Granting the appellant Jill K. Cannata's motion to voluntarily dismiss the appeal re #2038 (USCA# 16-3181). Date issued by USCA 5/18/16 (H,SP)
May 19, 2016 Filing 2097 True copy of order from the USCA for the Sixth Circuit: Granting the appellant Sean Cochran's motion to voluntarily dismiss the appeal re #2037 (USCA# 16-3179). Date issued by USCA 5/18/16 (H,SP)
May 16, 2016 Filing 2096 Response to Indirect Purchaser Class's #2090 Response to Objector's Motions to Reconsider and or Stay Appeal Bond filed by Christopher Andrews. Related documents #2074 , #2075 , #2082 , #2083 . (L,A)
May 16, 2016 Opinion or Order Filing 2095 Order approving Plaintiffs' Motion for Order to Approve Distribution of Settlement Funds to Class Members and Payments of Notice Fees for the Direct Purchaser Settlement Classes (Related Doc #2086 ) as stated herein. Approved by Judge Jack Zouhary on 5/16/2016.(R,Sh)
May 16, 2016 Opinion or Order Filing 2094 Order approving disbursement re #2093 Proposed Billing Statement (April 1, 2016 - May 13, 2016). Judge Jack Zouhary (MDL2196) on 5/16/2016. (D,L)
May 13, 2016 Filing 2093 Proposed Order Summary Billing Statement for April 1, 2016 to May 13, 2016 relating to docket #2092 filed on May 13, 2016 filed by David Rosenblum Cohen. (Cohen, David)
May 13, 2016 Filing 2091 Reply to #2084 Response to #2082 Motion (supplemental) to reconsider order, #2083 Motion for reconsideration/stay on bond filed by Christopher Andrews. (H,JD)
May 12, 2016 Filing 2090 Response to Objector Christopher Andrews' Response to Motions Doc. 2084 to Reconsider and or Stay Appeal Bond filed by Indirect Purchaser Class. (Attachments: #1 Exhibit Declaration) (Kerger, Richard)
May 12, 2016 Opinion or Order Filing 2089 Order denying Motions for Reconsideration and Motion To Stay. Related Documents #2074 , #2075 , #2076 , #2082 and #2083 . Signed by Judge Jack Zouhary (MDL2196) on 5/12/2016.(B,R)
May 10, 2016 Filing 2088 SEALED Document:Corrected Exhibit J filed by Direct Purchaser Class. Related document(s) #42 , #2087 . (Felder, Melissa) Modified text on 5/10/2016. No cover page with case caption or attorney signature block. (R,Sh).
May 9, 2016 Filing 2087 SEALED Document:Notice of Sealed Filing filed by Direct Purchaser Class. Related document(s) #42 , #2086 . (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit H, #4 Exhibit J, #5 Exhibit N, #6 Exhibit R)(Felder, Melissa)
May 9, 2016 Filing 2086 Motion Order to Approve Distribution of Settlement Funds to Class Members and Payment of Notice Fees for the Direct Purchaser Settlement Classes filed by Plaintiff Direct Purchaser Class. (Attachments: #1 Affidavit Wolfson Declaration, #2 Affidavit Castaneda Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit I, #9 Exhibit K, #10 Exhibit L, #11 Exhibit M, #12 Exhibit O, #13 Exhibit P, #14 Exhibit Q, #15 Proposed Order)(Felder, Melissa)
May 5, 2016 Filing 2085 FILING ERROR. Refiled in individual action 1:15-pf-10000. SEALED Motion For Protective Order #42 filed by MDL Notice Only Ashley Furniture Industries, Inc.. Related document(s) #42 . (Attachments: #1 Brief in Support Memorandum in Support of Plaintiff's Motion for Protective Order, #2 Exhibit Declaration of Patrick J. Ahern in Support of Plaintiff's Motion for Protective Order, #3 Exhibit Group Exhibit, #4 Exhibit Declaration of Todd Wanek, #5 Exhibit Declaration of Brent Koslo)(Ahern, Patrick) Modified text on 5/6/2016 (R,Sh).
May 5, 2016 Filing 2084 Response to Christopher Andrews' Motion for reconsideration and/or Stay Appeal Bond #2082 , #2083 filed by Indirect Purchaser Plaintiffs'. (R,Sh)
May 4, 2016 Filing 2083 Motion for reconsideration/stay on bond under Rule 59(e) filed by Christopher Andrews. Related document(s) #2069 , #2068 . (H,JD)
May 4, 2016 Filing 2082 Motion (supplemental) to reconsider order - appeal bond filed by Christopher Andrews. Related document(s) #2069 , #2068 . (H,JD)
May 3, 2016 Filing 2081 FILING ERROR. Filed in incorrect action. Filer notified. Motion to compel discovery filed by MDL Notice Only Ashley Furniture Industries, Inc.. (Attachments: #1 Brief in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Ahern, Patrick) Modified text, terminated motion and regenerated NEF on 5/4/2016 (R,Sh).
May 3, 2016 Filing 2080 Reply to Opposition to #2074 Motion for reconsideration of Bond Order filed by Sean Cochran. Related document #2077 . (R,Sh)
May 2, 2016 Filing 2079 Notice of Submission to Bring the Record to Date filed by Indirect Purchaser Class. (Attachments: #1 Exhibit Email)(Kerger, Richard) Modified text on 5/3/2016 (R,Sh).
May 2, 2016 Filing 2078 Opposition to #2075 Motion for stay on Bond Order filed by Indirect Purchaser Class. (Kerger, Richard)
April 29, 2016 Filing 2077 Opposition to #2074 and #2076 Motions for reconsideration of Bond Order, filed by Indirect Purchaser Class. (R,Sh)
April 27, 2016 Filing 2076 Motion for reconsideration of Bond Order filed by MDL Notice Only Jill K Cannata. (Cannata, Sam)
April 27, 2016 Filing 2075 Motion for stay on Bond Order filed by MDL Notice Only Christopher Andrews. (M,L) Modified text on 4/28/2016 (R,Sh).
April 27, 2016 Filing 2074 Motion for reconsideration of Bond Order filed by MDL Notice Only Sean Cochran. Related document(s) #2068 . (Cochran, Edward)
April 21, 2016 Filing 2073 Attorney Appearance by Thomas G. Walker filed by on behalf of Arsenal Capital Partners, Hickory Springs Manufacturing Company. (R,Sh)
April 19, 2016 Filing 2072 FILING ERROR. Refiled in member case 1:15pf10000. Proposed Stipulation of Dismissal With Prejudice Against Woodbridge Defendants filed by Ashley Furniture Industries, Inc.. (Attachments: #1 Proposed Order)(Ahern, Patrick) Modified text on 4/21/2016 (R,Sh).
April 18, 2016 Filing 2071 FILING ERROR. Document pertains only to member case 1:15pf10000. Refiled in that action and terminated pending motion on master docket. SEALED Motion to Quash Subpoena filed by Movant Arsenal Capital Partners. Related document(s) #42 . (Attachments: #1 Brief in Support Memorandum in Support, #2 Exhibit A - Affidavit, #3 Exhibit B - Subpoena)(McGuire, Matthew) Modified text on 4/21/2016 (R,Sh).
April 18, 2016 Filing 2070 Attorney Appearance by Matthew P. McGuire filed by on behalf of Arsenal Capital Partners. (McGuire, Matthew)
April 14, 2016 Filing 2069 Marginal Entry Order granting #2067 Motion to clarify. Bond shall be posted by May 13, 2016. Bond amount corrected in Clarified Memorandum Opinion and Order at Doc. #2068 . Judge Jack Zouhary (MDL2196) on 4/14/2016.(D,L)
April 14, 2016 Filing 2068 Clarified Memorandum Opinion and Order re #2065 requiring Objectors to post an appeal bond of $145,463. Moreover, to ensure this case concludes appropriately, the parties are required to seek approval from this Court if an Objector agrees to dismiss his or her appeal in exchange for payment (or anything else of value) from any source. Clarification on page 16: "Accordingly, the appeal bond of $145,463 shall be joint and several." Judge Jack Zouhary on 4/13/2016. (D,L)
April 14, 2016 Filing 2067 Motion to clarify filed by Plaintiff Indirect Purchaser Class. Related document(s) #2065 . (Kerger, Richard)
April 13, 2016 Opinion or Order Filing 2066 Memorandum Opinion and Order designating Family House Toledo as the receipent of any cy pres distribution. Signed by Judge Jack Zouhary on 4/13/2016. (R,Sh)
April 13, 2016 Opinion or Order Filing 2065 Memorandum Opinion and Order requiring Objectors to post an appeal bond of $145,463. Moreover, to ensure this case concludes appropriately, the parties are required to seek approval from this Court if an Objector agrees to dismiss his or her appeal in exchange for payment (or anything else of value) from any source. Signed by Judge Jack Zouhary on 4/13/2016. (R,Sh)
April 12, 2016 Filing 2064 Notice of Document Subpoena filed by Ashley Furniture Industries, Inc. (Attachments: #1 Exhibit- Arsenal Capital Partners III, LP Subpoena, #2 Exhibit- Attachment A to Subpoena)(Ahern, Patrick) Modified text for exhibit descriptions on 4/13/2016 (R,Sh).
April 8, 2016 Filing 2063 Notice of Service of Supplement the Record filed by Indirect Purchasers. Related document(s) #2062 .(Kerger, Richard)
April 8, 2016 Filing 2062 Supplement filed by Indirect Purchasers. (Attachments: #1 Supplement Email)(Kerger, Richard)
April 6, 2016 Opinion or Order Filing 2061 Order approving disbursement re: #2060 Proposed Billing Statement (February 1, 2016 - March 31, 2016). Judge Jack Zouhary (MDL2196) on 4/6/2016. (D,L)
April 5, 2016 Filing 2060 Proposed Order Summary Billing Statement for February 1 to March 31, 2016 relating to docket #2059 filed on April 5, 2016 filed by David Rosenblum Cohen. (Cohen, David)
March 31, 2016 USCA Appeal Fees of $505 received, receipt number 14660085135 re #2037 Notice of Appeal (H,SP)
March 24, 2016 Filing 2058 Marginal Entry Order granting #2056 Motion for leave to exceed page limitations. Judge Jack Zouhary (MDL2196) on 3/24/2016.(D,L)
March 24, 2016 Filing 2057 Reply in support of #2042 Motion for Order Requiring Posting of Appeal Bond and Incorporated Memorandum of Law filed by Indirect Purchaser Class. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Shapiro, Jay)
March 24, 2016 Filing 2056 Motion for leave to exceed page limitations filed by Plaintiff Indirect Purchaser Class. (Shapiro, Jay)
March 22, 2016 Filing 2055 Marginal Entry Order granting #2053 Motion for leave to supplement response to bond motion. Judge Jack Zouhary (MDL2196) on 3/22/2016.(D,L)
March 17, 2016 Filing 2054 Opposition to Plaintiff's #2042 Motion for Order Requiring Posting of Appeal Bond and Incorporated Memorandum of Law filed byChristopher Andrews. (L,A)
March 16, 2016 Acknowledgment from the USCA for Sixth Circuit of receipt of #2048 Notice of Appeal (USCA #16-3241). Date filed in USCA 3/16/16. (C,KA)
March 14, 2016 Filing 2053 Motion for leave to supplement response to bond motion filed by Christopher Andrews. Related document(s) #2042 . (L,A)
March 14, 2016 Opinion or Order Filing 2052 Memorandum Opinion and Order denying the Center for Class Action Fairness' (CCAF) Motion for attorney fees (Related Doc #2028 ) for the reasons herein stated. Signed by Judge Jack Zouhary on 3/14/2016.(R,Sh)
March 11, 2016 Filing 2051 Opposition to #2042 Motion for Order Requiring Posting of Appeal Bond and Incorporated Memorandum of Law filed by Jill K Cannata. (Cannata, Sam)
March 10, 2016 Opinion or Order Filing 2050 Marginal Entry Order granting Indirect Purchaser Plaintiffs' #2049 Motion for Extension of Time to File and to Consolidate Reply Briefing on Motion for Order Requiring Posting of Appeal Bond, re #2042 . Signed by Judge Jack Zouhary on 3/10/2016.(R,Sh)
March 9, 2016 Filing 2049 Motion for extension of time to reply to and to consolidate reply briefing on Motion for Order Requiring Posting of Appeal Bond. Filed by Plaintiff Indirect Purchaser Class. Related document(s) #2042 . (Attachments: #1 Exhibit A, #2 Exhibit B)(Shapiro, Jay) Modified text on 3/10/2016 (R,Sh).
March 9, 2016 Filing 2048 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #2020 Memorandum Opinion and Order and #2021 Judgment Entry of 1/27/16, filed by Jennifer Hinojosa. (Filing fee of $505 paid, receipt number 0647-7518781). (Cafferty, Thomas) Modified text on 3/9/2016 (R,Sh). Modified text on 3/9/2016 (H,SP).
March 8, 2016 Filing 2047 Reply Brief in Support of Plaintiff Indirect Purchaser Class Identification of Cy Pres Beneficiaries filed by Indirect Purchaser Class. Related document(s) #2020 . (Attachments: #1 Exhibit Article, #2 Exhibit Bio, #3 Exhibit Article, #4 Exhibit Article, #5 Exhibit Declaration, #6 Exhibit Declaration) (Kerger, Richard)
March 4, 2016 Filing 2046 Opposition to #2042 Motion for Order Requiring Posting of Appeal Bond and Incorporated Memorandum of Law filed by Sean Cochran. (Attachments: #1 Exhibit Stay Order, #2 Exhibit Stay Order)(Cochran, Edward)
March 3, 2016 Acknowledgment from the USCA for Sixth Circuit of receipt of #2039 Notice of Appeal (USCA# 16-3189). Date filed in USCA 3/2/16. (H,SP)
March 2, 2016 Filing 2045 Opposition to IPPs' Proposed Cy Pres Beneficiaries filed by Melissa Holyoak, John Tabin. Related document(s) #2030 . (St. John, Anna)
March 2, 2016 Filing 2044 Notice of Service of Doc. #2041 & #2042 filed by Indirect Purchaser Class. (Kerger, Richard) Modified text to create links on 3/3/2016 (R,Sh).
March 2, 2016 Filing 2043 Marginal Entry Order granting #2041 Motion for leave to exceed page limitations. Judge Jack Zouhary (MDL2196) on 3/2/2016.(D,L)
March 1, 2016 Filing 2042 Motion for Order Requiring Posting of Appeal Bond and Incorporated Memorandum of Law filed by Plaintiff Indirect Purchaser Class. (Attachments: #1 Exhibit Email, #2 Exhibit Email, #3 Exhibit Declaration, #4 Exhibit Declaration, #5 Exhibit Declaration)(Kerger, Richard)
March 1, 2016 Filing 2041 Motion for leave to exceed page limitations filed by Plaintiff Indirect Purchaser Class. (Kerger, Richard)
March 1, 2016 Acknowledgment from the USCA for Sixth Circuit of receipt of #2037 Notice of Appeal (USCA# 16-3179). Date filed in USCA 3/1/16. (H,SP)
March 1, 2016 Acknowledgment from the USCA for Sixth Circuit of receipt of #2038 Notice of Appeal (USCA# 16-3181). Date filed in USCA 3/1/16. (H,SP)
February 26, 2016 Filing 2040 Reply in support of #2028 Motion for attorney fees by Anna W. St. John filed by Melissa Holyoak, John Tabin. (Attachments: #1 Affidavit of Theodore H. Frank)(St. John, Anna)
February 26, 2016 Filing 2039 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #2020 Memorandum Opinion and Order and #2021 Judgment Entry of 1/27/16, filed by Patrick S. Sweeney. (Filing fee of $505 paid, receipt # 34660009424) (L,A)
February 25, 2016 Filing 2038 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #2020 Memorandum Opinion and Order and #2021 Judgment Entry of 1/27/16, filed by Jill K Cannata. (Filing fee of $505 paid, receipt number 0647-7499220) (Cannata, Sam). Modified text on 2/26/2016 (H,SP).
February 25, 2016 Filing 2037 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #2020 Memorandum Opinion and Order and #2021 Judgment Entry of 1/27/16, filed by Sean Cochran. Filing fee paid 3/31/16, receipt #14660085135 (Cochran, Edward). Modified text on 2/26/2016 (H,SP). Modified on 3/31/2016 for fee payment (H,SP).
February 25, 2016 Acknowledgment from the USCA for Sixth Circuit of receipt of #2035 Notice of Appeal (USCA# 16-3168). Date filed in USCA 2/25/16. (H,SP)
February 24, 2016 Opinion or Order Filing 2036 Stipulation and Order of Dismissal, with Prejudice, of Jackson Furniture Industries, Inc. and Jackson Furniture Company of Virginia's claims against Future Foam, Inc. Related document, #2033 . Approved by Judge Jack Zouhary on 2/24/2016. (R,Sh) Modified text for link on 2/24/2016 (R,Sh).
February 22, 2016 Filing 2035 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #2020 Memorandum Opinion and Order and #2021 Judgment Entry of 01/27/2016, filed by Christopher Andrews. (Filing fee of $505 paid, receipt # 34660009420) (L,A). Modified text on 2/23/2016 (H,SP).
February 22, 2016 Filing 2034 Marginal Entry Order granting #2031 Motion for leave to exceed page limitations. Judge Jack Zouhary(MDL2106) on 2/22/2016.(D,L)
February 22, 2016 Filing 2033 Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by Future Foam, Inc., Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc.. (Attachments: #1 Proposed Order)(Revera, Gregory)
February 19, 2016 Filing 2032 Opposition to #2028 Motion for attorney fees by Anna W. St. John filed by Indirect Purchaser Class. (Attachments: #1 Exhibit Transcript - Final Approval Hearing, #2 Exhibit Transcript - Fairness Hearing, #3 Exhibit Objection, #4 Exhibit Objection, #5 Exhibit Objection)(Kerger, Richard)
February 19, 2016 Filing 2031 Motion for leave to exceed page limitations filed by Plaintiff Indirect Purchaser Class. (Kerger, Richard)
February 17, 2016 Filing 2030 Indirect Purchaser Plaintiffs' Identification of Cy Pres Beneficiaries filed by Indirect Purchaser Class. (Attachments: #1 Exhibit AAI Mission Statement)Related document(s) #2020 .(Miller, Marvin)
February 11, 2016 Filing 2029 Stipulated Order of Dismissal, with prejudice, of Plaintiff Alfred T. Giuliano's, in his capacity as trustee, of claims against Defendant FXI Holding, Inc., (formerly known as Foamex Innovations, Inc.) only. Each side shall bear its own attorneys' fees and costs. The Court retains jurisdiction of this matter for purposes of enforcing the settlement between Plaintiffs and FXI. Related document #2027 . Judge Jack Zouhary on 2/11/2016. (R,Sh) Modified text on 2/12/2016 (R,Sh).
February 10, 2016 Filing 2028 Motion for attorney fees by Anna W. St. John filed by Melissa Holyoak, John Tabin. (Attachments: #1 Brief in Support, #2 Affidavit of Anna St. John)(St. John, Anna)
February 10, 2016 Filing 2027 Proposed Stipulation for Dismissal, With Prejudice, of Plaintiffs' Claims Against Defendant FXI Holdings, Inc. filed by Alfred T. Giuliano. (Attachments: #1 Proposed Order of Dismissal)(Wiechmann, Eric)
February 4, 2016 Filing 2026 Notice of Change of Entity Name filed by FFP Holdings, LLC. (Love, Bradley)
February 1, 2016 Opinion or Order Filing 2025 Order of dismissal, with prejudice, of Direct Action Plaintiffs' claims against Future Foam, Inc. Related document #2019 . Signed by Judge Jack Zouhary (MDL2196) on 2/1/2016. (K,K)
February 1, 2016 Opinion or Order Filing 2024 Order approving disbursement re: #2023 Proposed Billing Statement (December 1, 2015 - January 29, 2016. Judge Jack Zouhary (MDL2196) on 2/1/2016. (D,L)
January 29, 2016 Filing 2023 Proposed Order Summary Billing Statement for December, 2015 and January, 2016 relating to docket #2022 filed on January 29, 2016 filed by David Rosenblum Cohen. (Cohen, David)
January 27, 2016 Opinion or Order Filing 2021 Judgment Entry as to Case Nos. 3:10-pf-10007 (Vicky's Furniture), 3:11-pf-10002 (Gomez), 3:11-pf-10003 (Hudson) and 3:11-pf-10010 (Beastrom). This Court having filed its Memorandum Opinion and Order, granting the Indirect Purchaser Class Motions for Final Approval (Docs. #1987 & #1988 ), andno other claims remaining, this Court enters final judgment on the terms set forth in the Order of Final Approval. These cases are now closed. Related document #2020 , Memorandum Opinion and Order. Signed by Judge Jack Zouhary on 1/27/2016. (R,Sh)
January 27, 2016 Opinion or Order Filing 2020 Memorandum Opinion and Order granting the Motions by the Indirect Purchaser Plaintiff Class for Final Approval of the nine settlement agreements (Docs. #1987 & #1988 ), and grants in part and denies in part the Motion for Attorney Fees and Expenses, and an Incentive Award to the Class Representatives (Doc. #1908 ). Final approval of the nine Settlement Agreements is granted pursuant to Federal Civil Rule 23(e). The Indirect Purchaser Settlement Classes meet the requirements of Rule 23 and are therefore certified for the purposes of these settlements. The persons and entities identified in Exhibit A are excluded from the Indirect Purchaser Settlement Classes and are not bound by this Order, and may not make any claim or receive any benefit from the relevant settlement, whether monetary or otherwise. As to the Released Parties, the Class Action and any and all currently pending indirect purchaser class action lawsuits directly related to the subject matter of this litigation are dismissed with prejudice and in their entirety, on the merits, and, except as provided for in the Settlement Agreements, without costs. The Releasing Parties are permanently enjoined and barred from instituting, commencing, or prosecuting any action or other proceeding asserting any Released Claims released in the nine Settlement Agreements against any of the Released Parties. This Order does not settle or compromise any other claims by Class Representatives or the Indirect Purchaser Settlement Classes against the Defendants or other persons or entities other than Released Parties, and all rights against any other Defendant or other person or entity are specifically reserved. Pursuant to Federal Civil Rule 54(b), this Court directs entry of final judgment of dismissal as to the Released Parties, as set forth in its separate orders entered following this Order. This Court retains exclusive jurisdiction over the Class Action and the Settlement Agreements, including the administration, interpretation, consummation, and enforcement of these Settlement agreements. The escrow accounts established by certain of the parties are approved as Qualified Settlement Funds pursuant to Internal Revenue Code Section 468B and related Treasury Regulations. Signed by Judge Jack Zouhary on 1/27/2016. (Attachments: #1 Exhibit A- Entities Excluded from the Nine Settlements)(R,Sh)
January 27, 2016 Filing 2019 Proposed Stipulation of Dismissal with Prejudice of Spring Air Plaintiffs' Claims against Future Foam filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., Fraenkel Company, Future Foam, Inc., Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Medi-Pedic Bedding Co., Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (Attachments: #1 Proposed Order of Dismissal)(O'Neill, Anthony)
January 19, 2016 Filing 2018 Transcript of Final Approval Hearing held on 12/15/15 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy McGurk at 419-213-5520. [88 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/26/2016. Redaction Request due 2/9/2016. Redacted Transcript Deadline set for 2/19/2016. Release of Transcript Restriction set for 4/18/2016. Related document(s) #2006 , #2007 . (M,Tl)
January 14, 2016 Opinion or Order Filing 2017 Order of Dismissal, with prejudice, of Jackson Furniture Plaintiffs' claims against Mohawk Industries, Inc. Related document #2016 . Signed by Judge Jack Zouhary (MDL2196) on 1/14/2016. (K,K)
January 13, 2016 Filing 2016 Stipulated Notice of Dismissal Under FRCP 41(a)(1) of Mohawk Industries, Inc. filed by Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., Mohawk Industries, Inc.. (Revera, Gregory)
December 30, 2015 Opinion or Order Filing 2015 Order granting Motion Order to Approve Distribution (Related Doc #2012 ). Signed by Judge Jack Zouhary (MDL2196) on 12/30/2015.(K,K)
December 30, 2015 Opinion or Order Filing 2014 Memorandum Opinion and Order re: Objector Andrews. For the reasons stated in the Order, Objector Chris Andrews' Motion to compel discovery and Motion to disqualify attorney/law firm are denied. Related documents #1974 , #1975 . Signed by Judge Jack Zouhary (MDL2196) on 12/30/2015.(K,K)
December 30, 2015 Copy of #2014 Memorandum Opinion and Order mailed to Chris Andrews at P.O. Box 530394, Livonia, MI 48153 on 12/30/2015. (K,K)
December 29, 2015 Filing 2013 Objector's Response to Supplemental Declaration of Eric Miller filed by Christopher Andrews. Related document(s) #1998 , #2010 . (M,L)
December 22, 2015 Filing 2012 Motion Order to Approve Distribution of Settlement Funds for Payment of Notice Fees for the Direct Purchaser Settlement Classes filed by Plaintiff Direct Purchaser Class. (Attachments: #1 Affidavit of Adam Wolfson, #2 Exhibit A to Declaration of Adam Wolfson, #3 Exhibit B to Declaration of Adam Wolfson)(Wolfson, Adam)
December 21, 2015 Opinion or Order Filing 2011 Order For the reasons stated in the Order, Motion for Reconsideration or to Alter or Amend the Final Judgment as to the Direct Purchaser Class (Doc. #1978 ) is denied. Signed by Judge Jack Zouhary (MDL2196) on 12/21/2015.(K,K)
December 18, 2015 Filing 2010 Supplement Indirect Purchaser Plaintiffs Class Submission of the Declaration of Eric J. Miller to Clarify and Provide Additional Information in Connection with Fairness Hearing to #1988 Motion Corrected Motion for Final Approval of Settlement Agreements with the Remaining Settling Defendants filed by Indirect Purchaser Class. Related document(s) #1988 . (Attachments: #1 Affidavit Declaration of Eric Miller regarding the Distribution of Settlement Funds)(Miller, Marvin)
December 17, 2015 Opinion or Order Filing 2009 Order dismissing, without prejudice, Jackson Furniture Plaintiffs' claims against Hickory Springs Manufacturing Company. Signed by Judge Jack Zouhary (MDL2196) on 12/17/2015. (K,K)
December 16, 2015 Filing 2008 Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by Florida Foam and Sales, Inc., Hickory Springs Manufacturing Company, Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., L & J Products and Sales, Inc., NC Foam and Sales, Inc.. (Attachments: #1 Proposed Order)(Revera, Gregory)
December 16, 2015 Filing 2007 Non-Appeal Transcript Order Form for proceedings held on 12/15/2015 before Judge Jack Zouhary, Court Reporter: Tracy Spore. Requested completion date: 1/15/2016 filed by Future Foam, Inc.. (Passarelli, John)
December 16, 2015 Filing 2006 Non-Appeal Transcript Order Form for proceedings held on 12/15/2015 before Judge Zouhary, Court Reporter: Tracy Sport. Requested completion date: 1/14/2016 filed by Leggett & Platt, Inc.. (Warncke, Daniel)
December 15, 2015 Minutes of proceedings [non-document] before Judge Jack Zouhary. Fairness Hearing held on 12/15/2015 re Indirect Purchaser Class Counsel's Motion for an Award of Attorneys' Fees, for Reimbursement of Expenses, and for an Incentive Award to the Indirect Purchaser Class Representatives #1908 . This Court heard argument from counsel and objectors. Motion taken under advisement. See transcript for details and hearing attendance. (Court Reporter: Tracy Spore.) Time: 2 hours.(D,L)
December 14, 2015 Opinion or Order Filing 2005 Marginal Entry Order granting Motion for leave to file declarations (Related Doc #1999 ). Signed by Judge Jack Zouhary (MDL2196) on 12/14/2015.(K,K)
December 14, 2015 Filing 2004 Stipulation & Order approving #2003 Joint Motion to stay as to Future Foam, Inc. In-person conference set for 12/14/2015 is vacated. Judge Jack Zouhary (MDL2196) on 12/14/2015. (D,L)
December 11, 2015 Filing 2003 Joint Motion to stay as to Future Foam, Inc. filed by MDL Notice Only Future Foam, Inc.. Related document(s) #1966 , #1981 . (Passarelli, John)
December 11, 2015 Filing 2002 Status Report filed by Future Foam, Inc.. Related document(s) #1981 .(Passarelli, John)
December 11, 2015 Filing 2001 Status Report filed by Florida Foam and Sales, Inc., Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., L & J Products and Sales, Inc., NC Foam and Sales, Inc.. Related document(s) #1981 .(Revera, Gregory)
December 11, 2015 Opinion or Order Filing 2000 Marginal Entry Order granting Jackson Furniture Plaintiffs' Motion to stay action as to Mohawk Industries, Inc. (Related Doc #1998 ). Signed by Judge Jack Zouhary (MDL2196) on 12/11/2015.(K,K)
December 10, 2015 Filing 1999 Motion for leave to file declarations of Theodore H. Frank and Melissa Holyoak filed by Melissa Holyoak, John Tabin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(St. John, Anna)
December 10, 2015 Filing 1998 Joint Motion to stay action as to Mohawk Industries, Inc. filed by Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., Mohawk Industries, Inc.. (Dowell, Matthew)
December 10, 2015 Filing 1997 Response to Questions for Fairness Hearing filed by Indirect Purchasers. Related document #1908 , #1973 . (Miller, Marvin) Modified text 12/11/2015 (K,K).
December 8, 2015 Filing 1996 Opposition to #1978 Motion for reconsideration filed by Direct Purchaser Class. (Attachments: #1 Affidavit of Jennifer M. Keough Regarding the FFP, FXI, Future Foam, Hickory Springs, Mohawk, and Woodbridge Settlements)(Wolfson, Adam)
December 8, 2015 Opinion or Order Filing 1995 Order dismissing, with prejudice, Jackson Furniture Plaintiffs' claims against Defendant FXI-Foamex Innovations, Inc. Related document #1994 . Signed by Judge Jack Zouhary (MDL2196) on 12/8/2015. (K,K)
December 8, 2015 Filing 1994 Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by FXI-Foamex Innovations, Inc., Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc.. (Attachments: #1 Proposed Order)(Revera, Gregory)
December 7, 2015 Filing 1993 Response to #1974 Motion to compel discovery Class Counsel's Memorandum of Law in Opposition to Christopher Andrews' Motion to Compel Disclosure filed by Indirect Purchaser Class. (Miller, Marvin)
December 7, 2015 Filing 1992 Response to #1975 Motion to disqualify attorney/law firm Class Counsel's Memorandum of Law in Opposition to Christopher Andrews' Motion for Disqualification filed by Indirect Purchaser Class. (Attachments: #1 Exhibit A - A. Jewell Declaration, #2 Exhibit B - Andrews Email 10-20 to 10-26-2015, #3 Exhibit C - E. J. Miller Declaration, #4 Exhibit D - M. Fehretdinov Declaration, #5 Exhibit E - M. Holmes Declaration)(Miller, Marvin)
December 7, 2015 Filing 1991 Response to Objections filed by Indirect Purchaser Class. (Attachments: #1 Exhibit 1 - Astiani v. Kashi - Dkt. 242, #2 Exhibit 2 - Declaration of Eric. J. Miller, #3 Exhibit 3 - In re Neurontin - Dkt. 114, #4 Exhibit 4 - AT&T Mobility - Dkt. 196, #5 Exhibit 5 Supp. Declaration of Marvin Miller, #6 Exhibit 6 - Declaration of Dennis E. Murray, #7 Exhibit 7 - Careathers v. Red Bull - Dkt. 72, #8 Exhibit 8 - Careathers v. Red Bull - Dkt. 55, #9 Exhibit 9 - In re: Flonase - Dkt. 576, #10 Exhibit 10 - Declaration of Shpetim Ademi, #11 Exhibit 11 - Declaration of Eric D. Barton, #12 Exhibit 12 - Declaration of Martin D. Holmes, #13 Exhibit 13 - Declaration of Richard Kerger, #14 Exhibit 14 - Declaration of Marvin A. Miller, #15 Exhibit 15 - Declaration of Robert C. Schubert, #16 Exhibit 16 - Declaration of Jay B. Shapiro, #17 Exhibit 17 - Declaration of Avidan J. Stern, #18 Exhibit 18 - In re Nutella - Dkt. 78, #19 Exhibit 19 - In re Nutella - Dkt. 111, #20 Exhibit 20 - In re Lehman Bros. - Dkt. 353, #21 Exhibit 21 - In re Lehman Bros. - Dkt. 391-9, #22 Exhibit 22 - In re Lehman Bros. - Dkt. 1388, #23 Exhibit 23 - In re Lehman Bros. - Dkt. 1404, #24 Exhibit 24 - Shane Grp. - Dkt. 159, #25 Exhibit 25 - Shane Grp. - Dkt. 216, #26 Exhibit 26 - Shane Grp. - Dkt. 169-15, #27 Exhibit 27 - Shane Grp. - Dkt. 206-1, #28 Exhibit 28 - Shane Grp. - Dkt. 28, #29 Exhibit 29 - In re Lehman Bros. - Dkt. 387, #30 Exhibit 30 - In re Nutella - Dkt. 89, #31 Exhibit 31 - In re Tyco - Dkt. 1146-17, #32 Exhibit 32 - In re Lehman Bros. - Dkt. 889-9, #33 Exhibit 33 - Declaration of Anne Jewell, #34 Exhibit 34 Emails from C. Andrews, #35 Exhibit 35 - Shane Grp. - Dkt. 163, #36 Exhibit 36 - In re Tyco - Dkt. 1108, #37 Exhibit 37 - In re Tyson Foods - Dkt. 107, #38 Exhibit 38 - Yarrington - Dkt. 71, #39 Exhibit 39 - Union v. R.L. Polk Docket & Dismissal, #40 Exhibit 40 - Koller v. Intl Rectifier Dkt. 304, #41 Exhibit 41 - Berry v. LexisNexis - Dkt. 104-7, #42 Exhibit 42 - Gemelas v. Dannon - Dkt. 60, #43 Exhibit 43 - In re NFL Players Concussion Litig. - Dkt. 6213, #44 Exhibit 44 - Meyenburg v. Exxon - Dkt. 29, #45 Exhibit 45 - Sampang v. AT&T Mobility - Dkt. 499, #46 Exhibit 46 - Sampang v. AT&T Mobility - Dkt. 531, #47 Exhibit 47 - Poole v. Merrill Lynch - Dkt. 82, #48 Exhibit 48 - In re HP Inkjet Printer Litig. - Dkt. 266, #49 Exhibit 49 - In re Vytorin/Zetia Mktg. - Dkt. 203, #50 Exhibit 50 - Marsikian v. Mercedes-Benz - Dkt. 102, #51 Exhibit 51 - Hartless v. Clorox - Dkt. 102, #52 Exhibit 52 - In re Lawnmower Engine - Dkt. 315, #53 Exhibit 53 - In re Kentucky Grilled Chicken - Dkt. 105, #54 Exhibit 54 - In re Kentucky Grilled Chicken - Dkt. 110, #55 Exhibit 55 - Masters v. Lowes - Dkt. 68, #56 Exhibit 56 - Embry v. ACER America - Dkt. 253, #57 Exhibit 57 - Poole v. Merrill Lynch - Dkt. 119, #58 Exhibit 58 - Sampang v. AT&T Mobility - Dkt. 630, #59 Exhibit 59 - Masters v. Lowes - Dkt. 73, #60 Exhibit 60 - Marsikian v. Mercedes-Benz - Dkt. 124, #61 Exhibit 61 - In re HP Inkjet Printer Litig. - Dkt. 310, #62 Exhibit 62 - In re Kentucky Grilled Chicken - Dkt. 108-13, #63 Exhibit 63 - In re Vytorin/Zetia Mktg. - Dkt. 207, #64 Exhibit 64 - In re Quantcast - Dkt. 78, #65 Exhibit 65 - In re Complaints Against Cannata, #66 Exhibit 66 - State Bar of Wisconsin, #67 Exhibit 67 - Roberts v. Electrolux - Dkt. 193, #68 Exhibit 68 - Fraley v. Facebook - Dkt. 359, #69 Exhibit 69 - Fladell v. Wells Fargo - Dkt. 198, #70 Exhibit 70 - Fladell v. Wells Fargo - Dkt. 329, #71 Exhibit 71 - In re Mattel - Dkt. 352, #72 Exhibit 72 - Holyoak Bio, #73 Exhibit 73 - In re Capital One - Dkt. 459, #74 Exhibit 74 - In re Target - Dkt. 513, #75 Exhibit 75 - In re Southwest Airlines - Dkt. 105, #76 Exhibit 76 - Lee v. Enter. - Dkt. 133, #77 Exhibit 77 - Hays v. Walgreen - Dkt. 53, #78 Exhibit 78 - In re Google - Dkt. 70, #79 Exhibit 79 - @johntabin, TWITTER, #80 Exhibit 80 - CEI Form 990, #81 Exhibit 81 - CEI Pamphlet, #82 Exhibit 82 - In re Transpacific - Dkt. 1033, #83 Exhibit 83 - LinkedIn Holyoak Bio, #84 Exhibit 84 - Declaration of Maria Fehretdinov, #85 Exhibit 85 - Shane Grp. - Dkt. 223, #86 Exhibit 86 - In re Lehman Bros. - Dkt. 8, #87 Exhibit 87 - In Re: Potash - Dkt. 565, #88 Exhibit 88 - In Re: Potash - Dkt. 592, #89 Exhibit 89 Careathers v. Red Bull Dkt. 103, #90 Exhibit Index) (Shapiro, Jay) Modified on 12/8/2015 (K,K).
December 7, 2015 Opinion or Order Filing 1990 Marginal Entry Order reluctantly granting Motion to exceed page limitations (Related Doc #1989 ). Signed by Judge Jack Zouhary (MDL2196) on 12/7/2015.(K,K)
December 7, 2015 Filing 1989 Motion for leave to exceed page limitations filed by Plaintiff Indirect Purchaser Class. (Kerger, Richard)
December 7, 2015 Filing 1988 Motion (Corrected) for Final Approval of Settlement Agreements with the Remaining Settling Defendants filed by Plaintiff Indirect Purchaser Class. (Attachments: #1 Brief in Support Memorandum of Law in Support of the Indirect Purchaser Class Plaintiffs' Motion for Final Approval of Settlement Agreements with the Remaining Settling Defendants, #2 Exhibit 1 - Declaration of Eric J. Miller Regarding A) Mailing of the Notice and Proof of Claim and Release; B) Publication of Summary Notice; and C) Report on Requests for Exclusion Received to Date, #3 Exhibit 2 - Supplemental Declaration of Marvin A. Miller in Support of Plaintiffs' Application for Award of Attorneys' Fees, Reimbursement of Expenses, and Incentive Awards to Indirect Purchaser Class Representatives)(Miller, Marvin)
December 7, 2015 Filing 1987 Motion for an Award of Attorneys' Fees, for Reimbursement of Expenses, and for Incentive Awards to the Indirect Purchaser Class Representatives by Marvin A. Miller filed by Plaintiff Indirect Purchaser Class. (Attachments: #1 Brief in Support Memorandum of Law in Support of the Indirect Purchaser Class Plaintiffs' Motion for an Award of Attorneys' Fees, for Reimbursement of Expenses, and for Incentive Awards to the Indirect Purchaser Class Representatives, #2 Exhibit 1 - Supplemental Declaration of Marvin A. Miller in Support of Plaintiffs' Application for Award of Attorneys' Fees, Reimbursement of Expenses, and Incentive Awards to Indirect Purchaser Class Representatives)(Miller, Marvin) Modified text 12/8/2015 (K,K).
December 7, 2015 Filing 1986 Filing Error - See #1988 . Motion The Indirect Purchaser Class Plaintiffs' Motion for Final Approval of Settlement Agreements with the Remaining Settling Defendants filed by Plaintiff Indirect Purchaser Class. (Attachments: #1 Brief in Support Memorandum of Law in Support of the Indirect Purchaser Class Plaintiffs' Motion for Final Approval of Settlement Agreements with the Remaining Settling Defendants, #2 Exhibit 1 - Supplemental Declaration of Marvin A. Miller in Support of Plaintiffs' Application for Award of Attorneys' Fees, Reimbursement of Expenses, and Incentive Awards to Indirect Purchaser Class Representatives)(Miller, Marvin) Modified text; motion termed 12/7/2015 (K,K).
December 4, 2015 Filing 1985 True copy of order from the USCA for the Sixth Circuit: Dismissing the appeals, upon the stipulation of the parties re #1620 and #1747 (USCA# 15-3481 & 3680). Date issued by USCA 12/4/15 (H,SP)
December 3, 2015 Opinion or Order Filing 1984 Order approving disbursement re: #1983 Proposed Billing Statement (August 1 - November 30, 2015). Judge Jack Zouhary (MDL2196) on 12/3/2015. (D,L)
December 3, 2015 Filing 1983 Proposed Order Summary Billing Statement for August 1 to November 30, 2015 relating to docket #1982 filed on December 3, 2015 filed by David Rosenblum Cohen. (Cohen, David)
December 2, 2015 Opinion or Order Filing 1981 Order Pursuant to prior Order (Doc. #1966 ), this Court will hold an in-person conference on Monday, December 14, 2015 at 2:00 p.m. By noon on Friday, December 11, 2015, counsel shall (1) provide a roll call via e-mail, listing both counsel and client representative who will attend the conference and (2) file a status report (three pages maximum) identifying remaining claims and proposing a further case schedule. Signed by Judge Jack Zouhary (MDL2196) on 12/2/2015. (K,K)
December 2, 2015 Filing 1980 Notice of Withdrawal of Objections by Michael Narkin (filed with permission by the Direct Purchaser Class) filed by Direct Purchaser Class. Related documents #1473 , #1965 . (Wolfson, Adam) Modified text 12/3/2015 (K,K).
December 2, 2015 Opinion or Order Filing 1979 Order. The Direct Purchaser Class shall respond to Direct Action (non-Class) Plaintiff Ashley Furniture Industries, Inc.'s Motion for Reconsideration/Motion to Alter or Amend the Final Judgment as to the Direct Purchaser Class (Doc. #1978 ) no later than Tuesday, December 8, 2015. No more than five pages. No reply or hearing unless requested by this Court. Signed by Judge Jack Zouhary (MDL2196) on 12/2/2015. (K,K)
December 1, 2015 Filing 1978 Motion for reconsideration of the #1971 Court's Order filed by Ashley Furniture Industries, Inc. Related document #1971 . (Attachments: #1 Exhibit, #2 Exhibit)(Ahern, Patrick) Modified on 12/1/2015 (K,K).
December 1, 2015 Opinion or Order Filing 1977 Marginal Entry Order granting #1976 Motion for Extension of time until December 7, 2015 to file response/reply to #1974 Motion to compel discovery and #1975 Motion to disqualify attorney/law firm. Signed by Judge Jack Zouhary (MDL2196) on 12/1/2015.(K,K)
November 30, 2015 Filing 1976 Motion for extension of time until December 7, 2015 to file response/reply to #1974 Motion to compel discovery, #1975 Motion to disqualify attorney/law firm filed by Indirect Purchaser Class, Indirect Purchasers. Related document(s) #1974 , #1975 . (Kerger, Richard)
November 23, 2015 Filing 1975 Motion to disqualify attorney/law firm filed by Christopher Andrews, pro se. (H,JD)
November 23, 2015 Filing 1974 Motion and proposed order to compel disclosure filed by Christopher Andrews, pro se. (Attachments: #1 Proposed Order)(H,JD)
November 23, 2015 Filing 1973 Questions For Fairness Hearing. To aid this Court in its review of Class Counsel's #1908 Motion for attorney fees Reimbursement of Expenses, and Incentive Awards to Indirect Purchaser Class Representatives, Class Counsel should respond to the following questions before the December 15, 2015 fairness hearing. Signed by Judge Jack Zouhary (MDL2196) on 11/23/2015. (K,K)
November 20, 2015 Opinion or Order Filing 1972 Judgment Entry This Court having filed its Memorandum Opinion and Order (Doc. #1971 ), granting the Direct Purchaser Class Motion for Final Approval (Doc. #1828 ), and no other Direct Purchaser Class claims remaining, this Court enters final judgment on the terms set forth in the Order of Final Approval. Signed by Judge Jack Zouhary (MDL2196) on 11/20/2015. (K,K)
November 19, 2015 Opinion or Order Filing 1971 Memorandum Opinion and Order For the reasons stated in the Order, this Court grants the Direct Purchaser Class Motion for Final Approval (Doc. #1828 ), denies Direct Action Plaintiff Ashley Furniture Industries, Inc.'s Motion to Withdraw Request for Exclusion from the Direct Purchaser Certified Class (Doc. #1884 ), and grants in part and denies in part Class Counsel's Motion for an Award of Attorneys' Fees, for Reimbursement of Expenses, and for an Incentive Award to the Direct Purchaser Class Representatives (Doc. #1830 ). For the reasons discussed in this Court's companion Order sanctioning Narkin, filed with this Opinion,this Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that Narkin could not in good faith appeal this decision (Doc. #1970 ). Signed by Judge Jack Zouhary (MDL2196) on 11/19/2015. (Attachments: #1 Exhibit A - New Exclusions from Settlements, #2 Exhibit B - Re-Submitted Exclusions from Settlements)(K,K)
November 19, 2015 Opinion or Order Filing 1970 Memorandum Opinion and Order Imposing Sanctions. For the reasons stated in the Order, this Court grants the Direct Purchaser Class's Motion for Sanctions (Doc. #1743 ), and denies as frivolous Narkin's Cross-Motion for Sanctions (Doc. #1800 ). Narkin shall pay Direct Purchasers Ten Thousand Dollars ($10,000) as sanctions for his Rule 11 violations. This Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that Narkin could not appeal this Order in good faith. Signed by Judge Jack Zouhary (MDL2196) on 11/19/2015.(K,K)
November 19, 2015 Copy of #1970 Memorandum Opinion and Order Imposing Sanctions mailed to Michael Nark at 85391 Chezem Road, Eugene, OR 97405 on 11/19/2015. (K,K)
November 19, 2015 Copy of #1971 Memorandum Opinion and Order and #1534 Memorandum Opinion and Order mailed to Michael Nark at 85391 Chezem Road, Eugene, OR 97405 on 11/19/2015. (K,K)
November 18, 2015 Filing 1969 Declaration of Michael H. Steinberg Regarding Defendant FXI's Compliance with 28 U.S.C. 1715 filed by FXI-Foamex Innovations, Inc. (Attachments: #1 Exhibit A - FXI's CAFA Notice to Attorneys General)(Paris, Adam)
November 17, 2015 Filing 1968 Objection to Proposed Settlement and #1908 Motion for attorney fees filed by Patrick S. Sweeney. (M,L)
November 13, 2015 Filing 1967 Objection to the Proposed Settlement and #1908 Motion for Attorney Fees filed by Jennifer Hinojosa. (L,A)
November 13, 2015 Opinion or Order Filing 1966 Order This Court will hold an in-person conference on Monday, December 14, 2015 at 2:00 p.m. in Courtroom 16B of the Carl B. Stokes U.S. Courthouse, 801 West Superior Avenue, Cleveland, Ohio. Counsel and client representative attendance required, unless prior to the hearing counsel obtain Court approval for the client representative to attend by phone. By noon on Friday, December 11, 2015, counsel shall provide a roll call for the conference via e-mail. Signed by Judge Jack Zouhary (MDL2196) on 11/13/2015. (K,K)
November 13, 2015 Filing 1965 Objection to the Proposed Class Action Settlements and #1908 (Motion) Request for Attorney's Fees filed by Michael Narkin. (L,A)
November 13, 2015 Filing 1964 Objection to Class Action Settlement and Request for Attorney Fees and Notice of Intent to Appear filed by Sean Cochran. Related document #1908 . (Attachments: #1 Exhibit Receipt) (Cochran, Edward) Modified on 11/13/2015 (K,K).
November 12, 2015 Filing 1963 Affidavit/Declaration of Allison S. Thompson Regarding Defendant Mohawk Industries, Inc.'s Compliance with 28 U.S.C. 1715 filed by Mohawk Industries, Inc.. (Attachments: #1 Exhibit A, June 26, 2015 letter to the U.S. Attorney General, #2 Exhibit B, June 26, 2015 letter to state attorneys general, #3 Exhibit C, August 11, 2015 letter to the U.S. attorney general, #4 Exhibit D, August 11, 2015 letter to state attorneys general)(Dowell, Matthew)
November 12, 2015 Filing 1962 Attorney Appearance by Jonathan E. Fortman filed on behalf of Objector Kelly Marie Spann. (K,K)
November 12, 2015 Filing 1961 Notice of Intent to Appear filed by Melissa Holyoak, John Tabin. Related document(s) #1960 .(St. John, Anna)
November 12, 2015 Filing 1960 Objection to #1908 Motion for attorney fees Application for Award of Attorneys' Fees, Reimbursement of Expenses, and Incentive Awards to Indirect Purchaser Class Representatives by Marvin A. Miller filed by Melissa Holyoak, John Tabin. (Attachments: #1 Affidavit of Anna St. John, #2 Affidavit of Melissa Holyoak, #3 Affidavit of John Tabin)(St. John, Anna) Modified text 11/12/2015 (K,K).
November 12, 2015 Filing 1959 Attorney Appearance by Anna W. St. John filed by on behalf of John Tabin. (St. John, Anna)
November 12, 2015 Opinion or Order Filing 1958 Order dismissing, with prejudice, Plaintiff Park Place Corporation's claims against FXI Holdings, Inc. Related document #1953 . Signed by Judge Jack Zouhary (MDL2196) on 11/12/2015. (K,K)
November 12, 2015 Opinion or Order Filing 1957 Order dismissing, with prejudice, American Bedding Company Plaintiffs' claims against Defendant FXI Holdings, Inc. Related document #1952 . Signed by Judge Jack Zouhary (MDL2196) on 11/12/2015. (K,K)
November 12, 2015 Opinion or Order Filing 1956 Order dismissing, with prejudice, Direct Action Plaintiffs' claims against FXI Holdings, Inc. Related document #1949 . Signed by Judge Jack Zouhary (MDL2196) on 11/12/2015. (K,K)
November 12, 2015 Opinion or Order Filing 1955 Marginal Order dismissing, without prejudice, Plaintiff Park Place Corporation's claims against Defendants Valle Foam Industries, Inc. and Domfoam International, Inc. Related document #1944 . Signed by Judge Jack Zouhary (MDL2196) on 11/12/2015.(K,K)
November 12, 2015 Opinion or Order Filing 1954 Marginal Order dismissing, without prejudice, American Bedding Company Plaintiffs' claims against Defendants Valle Foam Industries, Inc. and Domfoam International, Inc. Related document #1942 . Signed by Judge Jack Zouhary (MDL2196) on 11/12/2015. (K,K)
November 11, 2015 Filing 1953 Joint Proposed Stipulation of Dismissal With Prejudice filed by Park Place Corporation. (Attachments: #1 Exhibit A - Proposed Order)(Lynch, Dennis)
November 11, 2015 Filing 1952 Joint Proposed Stipulation of Dismissal With Prejudice filed by American Bedding Company Inc, Diamond Mattress Company, Rest Master Bedding Company. (Attachments: #1 Exhibit A - Proposed Order)(Lynch, Dennis)
November 10, 2015 Filing 1951 Attorney Appearance by Sam P. Cannata filed by on behalf of Jill K Cannata. (Cannata, Sam)
November 10, 2015 Filing 1950 Objection (Letter) to Settlement filed by Jill K Cannata. (Cannata, Sam) Modified text 11/10/2015 (K,K).
November 10, 2015 Filing 1949 Joint Proposed Stipulation of Dismissal with Prejudice filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., FXI-Foamex Innovations, Inc., Fraenkel Company, Alfred T. Giuliano, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Medi-Pedic Bedding Co., Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (Attachments: #1 Proposed Order)(O'Neill, Anthony)
November 10, 2015 Filing 1948 Attorney Appearance by Anna St. John filed on behalf of Melissa Holyoak. (K,K)
November 9, 2015 Filing 1947 Status Report filed by Future Foam, Inc.. Related document(s) #1927 .(Passarelli, John)
November 9, 2015 Filing 1946 Status Report filed by Ashley Furniture Industries, Inc.. (Ahern, Patrick)
November 9, 2015 Filing 1945 Status Report filed by American Bedding Company Inc, Diamond Mattress Company, Park Place Corporation, Rest Master Bedding Company. Related document(s) #1927 .(Lynch, Dennis)
November 9, 2015 Filing 1944 Notice of Dismissal Under FRCP 41(a)(1) of Valle Foam Industries, Inc. and Domfoam International, Inc. filed by Park Place Corporation. (Lynch, Dennis)
November 9, 2015 Filing 1943 Status Report filed by FFP Holdings, LLC. Related document(s) #1927 .(Love, Bradley)
November 9, 2015 Filing 1942 Notice of Dismissal Under FRCP 41(a)(1) of Valle Foam Industries, Inc. and Domfoam International, Inc. filed by American Bedding Company Inc, Diamond Mattress Company, Rest Master Bedding Company. (Lynch, Dennis)
November 9, 2015 Opinion or Order Filing 1941 Order of Dismissal, with prejudice, of Direct Action Plaintiff Park Place Corporation's claims against Future Foam, Inc. Related document #1937 . Signed by Judge Jack Zouhary (MDL2196) on 11/9/2015. (K,K)
November 9, 2015 Filing 1940 Status Report filed by FXI-Foamex Innovations, Inc.. (Paris, Adam)
November 9, 2015 Opinion or Order Filing 1939 Order of Dismissal, with prejudice, as to Jackson Furniture Industries, Inc. and Jackson Furniture Company of Virginia's claims against Leggett & Platt, Incorporated. Related document #1935 . Signed by Judge Jack Zouhary (MDL2196) on 11/9/2015. (K,K)
November 9, 2015 Opinion or Order Filing 1938 Order of Dismissal, with prejudice, of American Bedding Company Direct Action Plaintiffs' claims against Future Foam, Inc. Related document #1931 . Signed by Judge Jack Zouhary (MDL2196) on 11/9/2015. (K,K)
November 6, 2015 Filing 1937 Joint Proposed Stipulation of Dismissal With Prejudice filed by Park Place Corporation. (Attachments: #1 Exhibit A - Proposed Order)(Lynch, Dennis)
November 6, 2015 Filing 1936 Notice of Withdrawal of Stipulation of Dismissal and Proposed Order (Dkt. No. 1933) as an Incorrect Document Filed in Error (To be Replaced by Corrected Filing) filed by Park Place Corporation. Related document(s) #1933 .(Lynch, Dennis)
November 6, 2015 Filing 1935 Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., Leggett & Platt, Inc.. (Revera, Gregory)
November 6, 2015 Filing 1934 Status Report filed by Florida Foam and Sales, Inc., Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., L & J Products and Sales, Inc., NC Foam and Sales, Inc.. Related document(s) #1927 .(Revera, Gregory)
November 6, 2015 Filing 1933 Filing Error - see #1937 . Joint Proposed Stipulation of Dismissal with Prejudice filed by Park Place Corporation. (Attachments: #1 Exhibit A - Proposed Order)(Lynch, Dennis) Modified text 11/9/2015 (K,K).
November 6, 2015 Filing 1932 Status Report filed by General Motors LLC. (Solh, Chahira)
November 6, 2015 Filing 1931 Joint Proposed Stipulation of Dismissal with Prejudice filed by American Bedding Company Inc, Diamond Mattress Company, Rest Master Bedding Company. (Attachments: #1 Exhibit A - Proposed Order)(Lynch, Dennis)
November 6, 2015 Filing 1930 Status Report filed by Alaco, Inc., Belden Foam & Fiber, Inc., Comfort Mattress Co., Inc., Corinthian, Inc., Corsicana Beddings, Inc., Foamcraft, Inc., Golden Chair, Inc., H.M. Richards, Inc., Henson Sleep Relief, Inc., Life Style Furniture Company, Inc., Mount Vernon Foam Sales, Inc., Professional Foam Fabricators, Inc., Somnus Mattress Corporation, The Bedding Group, Inc., Tupelo Foam Sales, Inc., Ultra Comfort Foam Company, Inc. (Mississippi Direct Action Plaintiffs) . (Attachments: #1 Exhibit MS DAP Remaining Claims)(Liston, William) Modified text 11/6/2015 (K,K).
November 6, 2015 Opinion or Order Order (non-document) Phone Status reset Wednesday, November 11, 2015 at 3:30 PM. Please note change in time only. Related document #1927 . Entered on behalf of Judge Jack Zouhary (MDL2196) on 11/6/2015. (K,K)
November 5, 2015 Opinion or Order Filing 1927 Order confirming a Phone Status for next Wednesday, November 11, 2015 at 2:00 p.m.(EST) to discuss next steps in the remaining cases. Please refer to the attached Order for call in information. Direct Action (non-Class) Plaintiffs with remaining claims should file a status update (two page maximum) by 5:00 p.m. (EST) on Monday, November 9, 2015. The status update should identify (1) remaining claims and (2) any request for further case dates or other action from this Court. Each Defendant with remaining claims asserted against it may also file a status update with requests. Signed by Judge Jack Zouhary (MDL2196) on 11/5/2015. (K,K)
November 4, 2015 Filing 1929 Notice of Declaration of Class Membership, attempted HIPPA (sic) breach and tortuous interference in business relationship filed by Chris Andrews. (Attachments: #1 Exhibits in Support of Declaration)(H,JD)
November 4, 2015 Filing 1928 Supplement to #1920 Notice of Objection, Fee and Expense filed by Chris Andrews. Related document(s) #1908 , #1920 . (Attachments: #1 Exhibits to Supplement)(H,JD) Modified text 11/6/2015 (K,K).
November 4, 2015 Filing 1926 Transcript of Fairness Hearing held on October 9, 2015 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [58 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 11/11/2015. Redaction Request due 11/25/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/2/2016. (N,A)
October 23, 2015 Opinion or Order Filing 1925 Order granting Indirect Purchasers' Motion to Approve Payment of Escrow Agent Fees (Related Doc #1923 ). Signed by Judge Jack Zouhary (MDL2196) on 10/23/2015.(K,K)
October 20, 2015 Filing 1924 Notice of payments received from Vitafoam Settlement filed by Direct Purchaser Class. (Felder, Melissa) Modified text 10/21/2015 (K,K).
October 20, 2015 Filing 1923 Motion to Approve Payment of Escrow Agent Fees filed by Plaintiff Indirect Purchaser Class. (Attachments: #1 Exhibit A - Invoices for escrow services)(Miller, Marvin)
October 15, 2015 Opinion or Order Filing 1922 Order dismissing, with prejudice, Spring Air Plaintiffs' claims against FFP Holdings, LLC. Related document #1921 . Signed by Judge Jack Zouhary (MDL2196) on 10/15/2015. (K,K)
October 15, 2015 Filing 1921 Joint Proposed Stipulation of Dismissal with Prejudice of Spring Air Plaintiffs' Claims Against FFP Holdings, LLC filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., FFP Holdings, LLC, Fraenkel Company, Alfred T. Giuliano, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Medi-Pedic Bedding Co., Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (Attachments: #1 Proposed Order)(O'Neill, Anthony)
October 15, 2015 Filing 1920 Notice of Objection to Proposed Class Action Settlement and Notice of Appearance filed by Chris Andrews. (Attachments: #1 Exhibit 1A to 1C - Proof of purchase)(H,JD)
October 14, 2015 Filing 1919 Notice of Service of Direct Purchaser Class Counsels Reply to Objectors Opposition to Motion for Attorney Fees, Costs (Dkt. 1913) filed by Direct Purchaser Class. Related document(s) #1913 .(Wolfson, Adam)
October 13, 2015 Filing 1918 Notice of Exclusions from FFP, FXI, Future Foam, Hickory Springs, Mohawk, and Woodbridge Settlements filed by Direct Purchaser Class. (Attachments: #1 Exhibit A-List of New Exclusions From Settlements, #2 Exhibit B-List of Re-Submitted Exclusions From Settlements)(Felder, Melissa) Modified text 10/14/2015 (K,K).
October 13, 2015 Filing 1917 Declaration of Adam B. Wolfson in Further Response to the Court's Questions for Fairness Hearing filed by Direct Purchaser Class. Related document(s) #1909 , #1910 .(Wolfson, Adam)
October 13, 2015 Filing 1916 Non-Appeal Transcript Order Form for proceedings held on 10/09/2015 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: 10/27/2015 filed by Indirect Purchaser Class. (Kerger, Richard)
October 13, 2015 Minutes of proceedings [non-document] before Judge Jack Zouhary. Fairness Hearing held on 10/9/2015 re Direct Purchaser Class's Motion for Final Approval of Settlements with Defendants FFP Holdings, LLC, Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Co., Mohawk Industries, Inc., Woodbridge Foam Corp., Woodbridge Sales & Engineering, Inc., and Woodbridge Foam Fabricating, Inc. #1828 and Class Counsel's Motion for an Award of Attorneys' Fees, for Reimbursement of Expenses, and for an Incentive Award to the Direct Purchaser Class Representatives #1830 . This Court heard argument from counsel and testimony from Brian Fitzpatrick. Motions taken under advisement. This Court granted Class Counsel's Motion for Leave to File Declaration of Brian Fitzpatrick in Reply to Questions for Fairness Hearing #1911 . See transcript for details and hearing attendance. (Court Reporter: Angela Nixon.) Time: 1 hour, 45 minutes. (D,L)
October 12, 2015 Filing 1915 Non-Appeal Transcript Order Form for proceedings held on October 9, 2015 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: October 27, 2015 filed by Future Foam, Inc.. (Passarelli, John)
October 12, 2015 Filing 1914 Non-Appeal Transcript Order Form for proceedings held on 10/9/2015 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 11/11/2015 filed by Leggett & Platt, Inc.. (Warncke, Daniel)
October 9, 2015 Filing 1913 Reply in support of #1830 Motion for attorney fees The Direct Purchaser Class Plaintiffs' Notice of Motion and Motion for an Award of Attorneys' Fees, for Reimbursement of Expenses, and for an Incentive Award to the Direct Purchaser Class Representatives (i.e., Reply to Narkin "Objection") filed by Direct Purchaser Class. Related document #1912 . (Wolfson, Adam) Modified text 10/13/2015 (K,K).
October 8, 2015 Filing 1912 Opposition to #1830 Motion for attorney fees The Direct Purchaser Class Plaintiffs' Notice of Motion and Motion for an Award of Attorneys' Fees, for Reimbursement of Expenses, and for an Incentive Award to the Direct Purchaser Class Representatives filed by Michael Narkin, pro se. (M,L) Modified text 10/9/2015 (K,K). (Additional attachment(s) added on 10/13/2015: #1 Envelope) (D,L).
October 8, 2015 Filing 1911 Motion for leave to File Declaration of Brian T. Fitzpatrick filed by Plaintiff Direct Purchaser Class. Related document(s) #1910 . (Wolfson, Adam)
October 8, 2015 Filing 1910 Responses to Questions for Fairness Hearing filed by Direct Purchaser Class. Related document #1909 . (Attachments: #1 Exhibit A (Response to Question 1), #2 Exhibit B (Response to Question 5), #3 Exhibit C (Declaration of Brian T. Fitzpatrick))(Wolfson, Adam)
October 1, 2015 Filing 1909 QUESTIONS FOR FAIRNESS HEARING set for 10/9/15 at 10:00 AM. Judge Jack Zouhary on 10/1/15. (S,Na)
September 30, 2015 Filing 1908 Motion for attorney fees Reimbursement of Expenses, and Incentive Awards to Indirect Purchaser Class Representatives by Marvin A. Miller filed by Plaintiff Indirect Purchaser Class. (Attachments: #1 Affidavit Declaration of Marvin A. Miller in Support of Plaintiffs' Application for Award of Attorneys' Fees, Reimbursement of Expenses, and Incentive Awards to Indirect Purchaser Class Representatives, #2 Exhibit A - Declaration of Marvin A. Miller in Support of Award of Attorneys' Fees, Reimbursement of Expenses, and Award of Incentive Payments to Class Representatives, #3 Exhibit B - Declaration of Richard M. Kerger in Support of Award of Attorneys' Fees, Reimbursement of Expenses, and Award of Incentive Payments to Class Representatives, #4 Exhibit C - Declaration of Jay Shapiro in Support of Award of Attorneys' Fees, Reimbursement of Expenses, and Award of Incentive Payments to Class Representatives, #5 Exhibit D - Declaration of Eric Barton in Support of Award of Attorneys' Fees, Reimbursement of Expenses, and Award of Incentive Payments to Class Representatives, #6 Exhibit E - Declaration of Dustin Schubert in Support of Award of Attorneys' Fees, Reimbursement of Expenses, and Award of Incentive Payments to Class Representatives, #7 Exhibit F - Declaration of Martin Holmes in Support of Award of Attorneys' Fees, Reimbursement of Expenses, and Award of Incentive Payments to Class Representatives, #8 Exhibit G - Declaration of Attorney Susan Bernstein in Support of Award of Attorneys' Fees, Reimbursement of Expenses, and Award of Incentive Payments to Class Representatives, #9 Exhibit H - Declaration of Shpetim Ademi in Support of Award of Attorneys' Fees, Reimbursement of Expenses, and Award of Incentive Payments to Class Representatives, #10 Exhibit I - Declaration of David Schiller in Support of Award of Attorneys' Fees, Reimbursement of Expenses, and Award of Incentive Payments to Class Representatives, #11 Exhibit J - Declaration of Avidan Stern in Support of Award of Attorneys' Fees, Reimbursement of Expenses, and Award of Incentive Payments to Class Representatives, #12 Exhibit K - Aggregate Loadstar Through September 30, 2015, #13 Exhibit L - Accounting for Litigation Fund)(Miller, Marvin)
September 17, 2015 Opinion or Order Filing 1907 Marginal Order granting #1906 Motion to withdraw as attorney; attorney Jamie E. France removed from case. Signed by Judge Jack Zouhary (MDL2196) on 9/17/2015.(K,K)
September 17, 2015 Filing 1906 Motion by Jamie E. France to withdraw as attorney for Woodbridge Defendants filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
September 16, 2015 Filing 1905 Transcript of Phone Conference held on September 9, 2015 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [29 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 9/23/2015. Redaction Request due 10/7/2015. Redacted Transcript Deadline set for 10/19/2015. Release of Transcript Restriction set for 12/15/2015. (N,A)
September 14, 2015 Opinion or Order Filing 1904 Order dismissing, with prejudice, Sealy Plaintiffs' claims against Leggett & Platt. Related document #1761 . Signed by Judge Jack Zouhary (MDL2196) on 9/14/2015. (K,K)
September 14, 2015 Filing 1903 Reply in support of #1884 Motion To Withdraw Request for Exclusion from the Direct Purchaser Certified Class filed by Ashley Furniture Industries, Inc.. (Ahern, Patrick)
September 11, 2015 Filing 1902 Expedited Non-Appeal Transcript Order Form for proceedings held on Sept. 9, 2015 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: Sept. 18, 2015 filed by Future Foam, Inc.. (Passarelli, John)
September 10, 2015 Filing 1901 SEALED Document:The Direct Purchaser Class's Opposition to Plaintiff Ashley Furniture Industries, Inc.'s #1884 Motion to Withdraw Request for Exclusion From the Direct Purchaser Class (Unredacted) filed by Direct Purchaser Class. Related document(s) #42 , #1900 . (Wolfson, Adam) Modified text 9/11/2015 (K,K).
September 10, 2015 Filing 1900 Opposition to #1884 Motion To Withdraw Request for Exclusion from the Direct Purchaser Certified Class (Redacted) filed by Direct Purchaser Class. (Wolfson, Adam)
September 10, 2015 Filing 1899 Expedited Non-Appeal Transcript Order Form for proceedings held on September 9, 2015 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: September 15, 2015 filed by FXI-Foamex Innovations, Inc.. (Steinberg, Michael)
September 10, 2015 Opinion or Order Filing 1898 Order. This Court held a record Phone Status on September 9, 2015 to discuss next steps in this litigation. (Court Reporter: Angela Nixon). See transcript for details. This Court grants William Blechman's Motion to Withdraw as Liaison Counsel for Direct Action (non-Class) Plaintiffs (Doc. #1888 ). This Court also grants, without objection, Kendall Millard's oral motion to withdraw as Defendant co-Liaison Counsel -- along with James Walsh,counsel for the Carpenter Defendants who have settled claims against them. This Court will hold a further Phone Status on Wednesday, November 11, 2015 at 2:00 PM (EST). At that Phone Status, this Court will discuss with remaining parties: FXI's request to revive or revise its previously filed Daubert motion (see Doc. #1696 ) targeting Ashenfelter's models; andDaubert motions targeting Ashenfelter's models from any other Defendant. Without objection from any party, and pursuant to Federal Civil Rule 41(a)(2), this Court dismisses, without prejudice and without costs, all pending claims in these consolidated proceedings against Defendants David Carson, Louis Carson, and Scottdel, Inc. Signed by Judge Jack Zouhary (MDL2196) on 9/10/2015. (K,K)
September 8, 2015 Filing 1897 Status Report filed by FXI-Foamex Innovations, Inc.. (Paris, Adam)
September 8, 2015 Filing 1896 Status Report filed by Florida Foam and Sales, Inc., Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., L & J Products and Sales, Inc., NC Foam and Sales, Inc.. Related document(s) #1879 .(Revera, Gregory)
September 8, 2015 Filing 1895 Status Report of Sealy Plaintiffs filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Blechman, William)
September 8, 2015 Filing 1894 Status Report filed by Ford Motor Company. (Holt, Benjamin)
September 8, 2015 Filing 1893 Status Report Status Update Submitted Pursuant To The Court's August 26, 2015 Order Scheduling Phone Status filed by American Bedding Company Inc, Diamond Mattress Company, Park Place Corporation, Rest Master Bedding Company. Related document(s) #1879 .(Eddy, David)
September 8, 2015 Filing 1892 Status Report filed by Ashley Furniture Industries, Inc.. (Ahern, Patrick)
September 8, 2015 Filing 1891 Status Report filed by Alaco, Inc., Belden Foam & Fiber, Inc., Comfort Mattress Co., Inc., Corinthian, Inc., Corsicana Beddings, Inc., Foamco Sales, Inc., Foamcraft, Inc., Golden Chair, Inc., H.M. Richards, Inc., Henson Sleep Relief, Inc., Houston Foam Fabricators, Inc., Mount Vernon Foam Sales, Inc., Professional Foam Fabricators, Inc., Somnus Mattress Corporation, The Bedding Group, Inc., Tupelo Foam Sales, Inc., Ultra Comfort Foam Company, Inc., Winco Bedding USA, LLC. (Attachments: #1 Exhibit "A" - MS DAP Remaining Claims)(Deas, W.)
September 4, 2015 Filing 1890 Status Report Status Update Submitted Pursuant to the Court's August 26, 2015 Order Scheduling Phone Status filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., Fraenkel Company, Alfred T. Giuliano, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Medi-Pedic Bedding Co., Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (Tompkins, Charles)
September 4, 2015 Filing 1889 Status Report - Status Update Submitted Pursuant To The Courts August 26, 2015 Order Scheduling Phone Status filed by General Motors LLC. Related document(s) #1879 .(Solh, Chahira)
August 28, 2015 Filing 1888 Motion by William J. Blechman to withdraw as attorney as Liaison Counsel for Dairect Action Plaintiffs filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. Related document(s) #192 . (Attachments: #1 Proposed Order)(Blechman, William)
August 28, 2015 Opinion or Order Filing 1887 Order dismissing, with prejudice, Plaintiffs Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., Jackson Furniture Industries, Inc., Jackson Furniture Industries, Inc., and Jackson Furniture Industries, Inc., L&J Products and Sales, Inc., Florida Foam and Sales, Inc. and NC Foam and Sales, Inc. claims against the Woodbridge Group Defendants. (Related document #1883 ). Signed by Judge Jack Zouhary (MDL2196) on 8/28/2015. (K,K)
August 28, 2015 Opinion or Order Filing 1886 Order dismissing, with prejudice, Plaintiffs Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., Jackson Furniture Industries, Inc., Jackson Furniture Industries, Inc., and Jackson Furniture Industries, Inc., L&J Products and Sales, Inc., Florida Foam and Sales, Inc. and NC Foam and Sales, Inc. claims against Flexible Foam Products, Inc. (Related document #1882 ). Signed by Judge Jack Zouhary (MDL2196) on 8/28/2015. (K,K)
August 28, 2015 Opinion or Order Filing 1885 Order dismissing, without prejudice, the Sealy Plaintiffs' claims against Future Foam, Inc. (Related document #1878 ). Signed by Judge Jack Zouhary (MDL2196) on 8/28/2015. (K,K)
August 28, 2015 Filing 1884 Motion To Withdraw Request for Exclusion from the Direct Purchaser Certified Class filed by MDL Notice Only Ashley Furniture Industries, Inc. (Attachments: #1 Brief in Support, #2 Affidavit, #3 Proposed Order)(Ahern, Patrick) Modified: motion termed; notice regenerated 8/28/2015 (K,K). Modified on 9/29/2015 (K,K).
August 27, 2015 Filing 1883 Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by Florida Foam and Sales, Inc., Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., L & J Products and Sales, Inc., NC Foam and Sales, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Group, Woodbridge Sales & Engineering, Inc.. (Attachments: #1 Proposed Order)(Revera, Gregory)
August 27, 2015 Filing 1882 Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by FFP Holdings, LLC, Florida Foam and Sales, Inc., Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., L & J Products and Sales, Inc., NC Foam and Sales, Inc.. (Attachments: #1 Proposed Order)(Revera, Gregory)
August 27, 2015 Filing 1881 Filing Error - Refiled on member case 3:12-pf-10001. Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by Florida Foam and Sales, Inc., Hickory Springs Manufacturing Company, L & J Products and Sales, Inc., NC Foam and Sales, Inc. (Attachments: #1 Proposed Order)(Revera, Gregory) Modified text 8/28/2015 (K,K).
August 27, 2015 Filing 1880 Declaration of Kendall Millard in Support of Compliance with 28 U.S.C. 1715 filed by FFP Holdings, LLC. (Attachments: #1 Exhibit A, Letter to U.S. and State Attorneys General, #2 Exhibit B, Service List)(Millard, Kendall) Modified text 8/27/2015 (K,K).
August 26, 2015 Opinion or Order Filing 1879 Order Scheduling Phone Status. This Court will hold a Phone Status on Wednesday, September 9, 2015 at 2:00 p.m. (EDT) to discuss next steps in the remaining cases. Direct Action (non-Class) Plaintiffs with remaining claims should file a status update by 3:00 p.m. (EDT) on Tuesday, September 8, 2015. By 5:00 p.m. (EDT) on Tuesday, September 8, 2015, liaison counsel for the Direct Action (non-Class) Plaintiffs and Defendants shall provide this Court a roll call and call-information for the call via e-mail (zouhary_chambers@ohnd.uscourts.gov). Signed by Judge Jack Zouhary (MDL2196) on 8/26/2015. (K,K)
August 26, 2015 Filing 1878 Proposed Stipulation Dismissing Claims against Future Foam Without Prejudice filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: #1 Proposed Order)(Randall, Samuel)
August 24, 2015 Opinion or Order Filing 1877 Order Dismissing without Prejudice Indirect Purchaser Class Claims Against Defendants Louis and David Carson #1876 . Judge Jack Zouhary(MDL2196) on 8/24/2015. (D,L)
August 17, 2015 Filing 1876 Unopposed Motion to dismiss party Louis Carson and David Carson filed by Plaintiff Indirect Purchaser Class. (Attachments: #1 Proposed Order)(Kerger, Richard)
August 17, 2015 Filing 1875 Declaration of Wesley M. Mullen regarding Vitafoam's Compliance with 28 U.S.C. 1715 in Connection with the Proposed Settlement Between Vitafoam and the IPP Class filed by Vitafoam Products Canada Limited, Vitafoam, Inc. Related document(s) #1859 , #1861 , #1751 . (Attachments: #1 Exhibit Letter dated 7/31/2015)(Coleman, Timothy)
August 12, 2015 Opinion or Order Filing 1874 Order denying motions made moot by settlements. Related documents #1670 , #1681 , #1687 , #1691 , #1693 , #1696 . Signed by Judge Jack Zouhary (MDL2196) on 8/12/2015.(K,K)
August 11, 2015 Opinion or Order Filing 1873 Order dismissing, with prejudice, Sealy Plaintiffs' claims against FXI-Foamex Innovations, Inc. Related document #1856 . Signed by Judge Jack Zouhary (MDL2196) on 8/11/2015. (K,K)
August 7, 2015 Opinion or Order Filing 1872 Order granting Motion to Approve Distribution of Settlement Funds for Payment of Notice Fees for the Direct Purchaser Settlement Classes (Related Doc #1868 ). Signed by Judge Jack Zouhary (MDL2196) on 8/7/2015.(K,K)
August 7, 2015 Opinion or Order Filing 1871 Order approving disbursement re: #1863 Proposed Billing Statement (July 1 - July 31, 2015). Judge Jack Zouhary (MDL2196) on 8/7/2015. (D,L)
August 7, 2015 Opinion or Order Filing 1870 Order of dismissal, without prejudice, of Sealy Plaintiffs' claims against Defendant Hickory Springs Manufacturing Company. Related document #1869 . Signed by Judge Jack Zouhary (MDL2196) on 8/7/2015. (K,K)
August 7, 2015 Filing 1869 Proposed Stipulation of Dismissal, Without Prejudice, of Sealy Plaintiffs' Claims Against Hickory Springs filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: #1 Proposed Order Exhibit 1)(Blechman, William)
August 5, 2015 Filing 1868 Motion and Memorandum in Support for Order to Approve Distribution of Settlement Funds for Payment of Notice Fees for the Direct Purchaser Settlement Classes filed by Plaintiff Direct Purchaser Class. (Attachments: #1 Exhibit 1-Wolfson Declaration, #2 Proposed Order)(Felder, Melissa)
August 4, 2015 Opinion or Order Filing 1867 Order of dismissal, with prejudice, of Direct Action Plaintiffs' claims against Leggett & Platt, Incorporated. Related document #1866 . Signed by Judge Jack Zouhary (MDL2196) on 8/4/2015. (K,K)
August 4, 2015 Filing 1866 Joint Proposed Stipulation of Dismissal, With Prejudice, of Spring Air Plaintiffs' Claims Against Leggett & Platt filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., Fraenkel Company, Alfred T. Giuliano, Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Leggett & Platt, Inc., Medi-Pedic Bedding Co., Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (Attachments: #1 Proposed Order)(O'Neill, Anthony)
August 4, 2015 Opinion or Order Filing 1865 Marginal Entry Order granting Motion to stay Spring Air Plaintiffs' case against Defendant Foamex Innovations, Inc. (Related Doc #1864 ). Signed by Judge Jack Zouhary (MDL2196) on 8/4/2015.(K,K)
July 31, 2015 Filing 1864 Joint Motion to stay as to Defendant Foamex Innovations, Inc. filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., Foam Ex Innovations, Inc., Fraenkel Company, Alfred T. Giuliano, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Medi-Pedic Bedding Co., Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (O'Neill, Anthony)
July 31, 2015 Filing 1863 Proposed Order Summary Billing Statement for July, 2015 relating to docket # 1862 filed on July 31, 2015 filed by David Rosenblum Cohen. (Cohen, David) Modified text 8/3/2015 (K,K).
July 31, 2015 Opinion or Order Filing 1861 Order The Motions of the Indirect Purchaser Class for Preliminary Approval of Settlements with certain Defendants (Docs. #1751 , #1854 ) are granted, as amended by recent submissions. (Related documents #1859 , #1860 .) Fairness Hearing set for 12/15/2015 at 10:00 AM in Courtroom 204 of the Ashleys' Courthouse1716 Spielbusch Avenue, Toledo, Ohio, 43606. Signed by Judge Jack Zouhary (MDL2196) on 7/31/2015.(K,K)
July 30, 2015 Filing 1860 Supplemental Submission of Amendments to Settlement Agreements Pending Preliminary Approval filed by Plaintiff Indirect Purchaser Class. Related document(s) #1751 . (Miller, Marvin) Modified text; motion termed 7/30/2015 (K,K).
July 29, 2015 Filing 1859 Submission of Amendments to Settlement Agreements Pending Preliminary Approval filed by Plaintiff Indirect Purchaser Class. Related document(s) #1751 . (Miller, Marvin) Modified text/motion termed 7/31/2015 (K,K).
July 28, 2015 Opinion or Order Filing 1858 Order. For the reasons stated in the Order, FXI's Motion for Summary Judgment, limited to the scope-of-damages (Docs. #1670 & #1696 ), is granted. Signed by Judge Jack Zouhary (MDL2196) on 7/28/2015. (K,K)
July 27, 2015 Filing 1857 Notice to take Deposition of Edward Bates on July 30, 2015 filed by FXI-Foamex Innovations, Inc.. (Paris, Adam)
July 27, 2015 Filing 1856 Proposed Stipulation of Dismissal, with Prejudice, of Sealy Plaintiffs' Claims Against FXI filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: #1 Proposed Order Exhibit 1)(Randall, Samuel)
July 27, 2015 Filing 1855 Notice to take Deposition of Ian Dew on July 31, 2015 filed by FXI-Foamex Innovations, Inc.. (Paris, Adam)
July 27, 2015 Filing 1854 Motion For Preliminary Approval of Settlement Agreements with FFP Holdings LLC, FXI Holdings, Inc., and Future Foam, Inc. filed by Plaintiff Indirect Purchaser Class. (Miller, Marvin)
July 27, 2015 Filing 1853 Notice to take Deposition of Eric Spitzer on July 29, 2015 filed by FXI-Foamex Innovations, Inc.. (Paris, Adam)
July 27, 2015 Opinion or Order Filing 1852 Order Denying Motions Made Moot By Settlements. This Court denies as moot, in light of settlements in the Indirect Purchaser Class cases, certain dispositive motions (Docs. #1689 , #1690 , #1695 , & #1698 ). Signed by Judge Jack Zouhary (MDL2196) on 7/27/2015.(K,K)
July 24, 2015 Opinion or Order Filing 1851 Order staying IPP case as to FXI Holdings, Inc. Related document #1850 . Signed by Judge Jack Zouhary (MDL2196) on 7/24/2015.(K,K)
July 24, 2015 Filing 1850 Joint Motion to stay Case Against FXI Holdings, Inc. (formerly known as Foamex Innovations Inc.) filed by MDL Notice Only Foam Ex Innovations, Inc., Plaintiff Indirect Purchaser Class. (Miller, Marvin)
July 24, 2015 Opinion or Order Filing 1849 Order Denying Motions Made Moot By Settlements. This Court denies as moot, in light of settlements in the Sealy Plaintiffs cases, certain dispositive motions (Docs. #1671 , #1673 , #1675 , #1676 ). This Court also denies the Spring Air Plaintiffs' and Defendant FFP Holdings, LLC's cross-motions to strike expert reports (Docs. #1734 & #1746 ) in light of the settlement between those parties. Signed by Judge Jack Zouhary (MDL2196) on 7/24/2015.(K,K)
July 24, 2015 Opinion or Order Filing 1848 Order staying IPP case as to Future Foam. Related document #1846 . Signed by Judge Jack Zouhary (MDL2196) on 7/24/2015.(K,K)
July 24, 2015 Filing 1847 SEALED Document:FXI's Reply in Support of Its Evidentiary Objection to Hearsay Evidence filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 , #1838 . (Paris, Adam) Modified to add link 7/27/2015 (K,K).
July 24, 2015 Filing 1846 Joint Motion to stay Case Against Future Foam, Inc. filed by MDL Notice Only Future Foam, Inc., Plaintiff Indirect Purchaser Class. (Miller, Marvin)
July 21, 2015 Filing 1845 Amended Witness List filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., Fraenkel Company, Alfred T. Giuliano, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Medi-Pedic Bedding Co., Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (O'Neill, Anthony)
July 21, 2015 Filing 1844 Notice of Errata Related to the Memorandum of Law in Support of the Direct Purchaser Class Plaintiffs' Motion for an Award of Attorneys' Fees, for Reimbursement of Expenses, and for an Incentive Award to the Direct Purchaser Class Representatives filed by Direct Purchaser Class. Related document(s) #1830 .(Felder, Melissa)
July 21, 2015 Filing 1843 Response (Objector's Reply) to #1800 Motion for sanctions, #1743 Motion for sanctions The Direct Purchaser Class' Notice of Motion and Motion for Sanctions Under Rule 11 filed by Michael Narkin, pro se. (H,JD)
July 21, 2015 Opinion or Order Filing 1842 Order For the reasons stated in Plaintiffs' Opposition (Doc. #1827 ),the Defendants' Motion to Stay is denied (Doc. #1817 ). Weighing the lengthy history of this case, prior appeals, and the unlikelihood that a decision in Tyson Foods will impact this case and the recent work of preparing this case for trial, Defendants have failed to justify a stay. Signed by Judge Jack Zouhary (MDL2196) on 7/21/2015.(K,K)
July 21, 2015 Opinion or Order Filing 1841 Order The Vitafoam Defendants' Motion to Decertify Indirect Purchaser Plaintiff Class or in the Alternative for Partial Summary Judgment with Respect to the Vitafoam Defendants (Doc. #1688 ) is denied as moot in light of the parties' settlement. Signed by Judge Jack Zouhary (MDL2196) on 7/21/2015.(K,K)
July 21, 2015 Opinion or Order Filing 1840 Memorandum Opinion and Order. For the reasons stated in the Order, Defendants' Motions to Decertify the Indirect Purchaser Class are denied. Related documents #1692 , #1694 . Signed by Judge Jack Zouhary (MDL2196) on 7/21/2015.(K,K)
July 21, 2015 Opinion or Order Filing 1839 Order dismissing. without prejudice, Sealy Plaintiffs' claims against Defendants Woodbridge Sales & Engineering, Inc., Woodbridge Foam Fabricating, Inc., and Woodbridge Foam Corporation. Related document #1837 . Signed by Judge Jack Zouhary (MDL2196) on 7/21/2015. (K,K)
July 20, 2015 Filing 1838 SEALED Document:The "Spring Air Plaintiffs'" Opposition to FXI's Evidentiary Objection to Hearsay Evidence Submitted in the Sealy Plaintiffs' Omnibus Response In Opposition to Defendants' Summary Judgment and Daubert Motions filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. Related document(s) #42 , #1760 . (Attachments: #1 Exhibit A - Case citations)(Wiechmann, Eric) Modified on 7/21/2015 (K,K).
July 20, 2015 Filing 1837 Proposed Stipulation Dismissing Claims against Woodbridge Defendants Without Prejudice filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: #1 Proposed Order Stipulation of Dismissal Without Prejudice)(Randall, Samuel)
July 20, 2015 Filing 1836 Notice to take Deposition of Gregory D. Ethridge on July 23, 2015, at 12:00 p.m. EST filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., Fraenkel Company, Alfred T. Giuliano, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Medi-Pedic Bedding Co., Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (O'Neill, Anthony)
July 20, 2015 Opinion or Order Filing 1835 Order staying Indirect Purchaser Class case as to FFP Holdings, LLC (Related Doc #1826 ). Signed by Judge Jack Zouhary (MDL2196) on 7/20/2015.(K,K)
July 17, 2015 Filing 1834 SEALED Document:FXI's Notice of Filing of Corrected Trial Exhibit List for the Spring Air Trial filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit A - FXI's Exhibit List)(Paris, Adam)
July 17, 2015 Filing 1833 SEALED Document:FXI's Notice of Filing of Corrected Trial Exhibit List for the Indirect Purchaser Class Action Trial filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit A - FXI's Exhibit List)(Paris, Adam)
July 17, 2015 Filing 1832 Notice of Spring Air Plaintiffs General Objections to FXI's Initial Deposition Designations filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., Fraenkel Company, Alfred T. Giuliano, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Medi-Pedic Bedding Co., Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (O'Neill, Anthony)
July 17, 2015 Filing 1831 Affidavit/Declaration of Michael H. Steinberg Regarding FXI's Compliance with 28 U.S.C. Section 1715 filed by FXI-Foamex Innovations, Inc.. (Attachments: #1 Exhibit A CAFA Notice Letter, #2 Exhibit B CAFA Service List)(Paris, Adam)
July 17, 2015 Filing 1830 Motion for attorney fees The Direct Purchaser Class Plaintiffs' Notice of Motion and Motion for an Award of Attorneys' Fees, for Reimbursement of Expenses, and for an Incentive Award to the Direct Purchaser Class Representatives by Melissa Felder filed by Plaintiff Direct Purchaser Class. (Attachments: #1 Brief in Support)(Felder, Melissa)
July 17, 2015 Filing 1829 SEALED Document:Exhibits 1 and 2 to the Declaration of Stephen R. Neuwirth and William A. Isaacson filed by Direct Purchaser Class. Related document(s) #42 , #1828 . (Attachments: #1 Exhibit 1-A Lodestar-Monthly by Attorney, #2 Exhibit 1-B Lodestar-Monthly by Law Firm, #3 Exhibit 1-C Lodestar-Monthly and by Attorney and Category, #4 Exhibit 1-D Lodestar-Cumulative by Category, #5 Exhibit 1-E Lodestar - Cumulative by Attorney and Category, #6 Exhibit 2-A Summary of Expenses, #7 Exhibit 2-B Expenses Per Firm, #8 Exhibit 2-C Total Payments from Common Fund, #9 Exhibit 2-D Outstanding Invoices, #10 Exhibit 2-E Contributions to Common Fund)(Felder, Melissa)
July 17, 2015 Filing 1828 Motion for Final Approval of Settlements with Defendants FFP Holdings, LLC, Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Sales & Engineering, Inc., and Woodbridge Foam Fabricating, Inc. filed by Plaintiff Direct Purchaser Class. (Attachments: #1 Brief in Support Memorandum of Law in Support of the Direct Purchaser Class' Motion for Final Approval of Settlements, #2 Exhibit A-Declaration of Lael Dowd, #3 Exhibit B-Declaration of Stephen R. Neuwirth and William A. Isaacson, #4 Proposed Order for Final Approval, #5 Proposed Order of Judgments Dismissing Defendants)(Felder, Melissa)
July 17, 2015 Filing 1827 Opposition to #1817 Motion to stay Indirect Purchaser Class Cases Pending Supreme Court Resolution of Tyson Foods, Inc. v. Bouaphakeo filed by Indirect Purchasers. (Kerger, Richard)
July 17, 2015 Filing 1826 Joint Motion to stay Case Against FFP Holdings LLC filed by MDL Notice Only FFP Holdings, LLC, Plaintiff Indirect Purchaser Class. (Miller, Marvin)
July 17, 2015 Opinion or Order Filing 1825 Minute Order of Telephone Conference held on 7/15/2015. Trial in this matter will now begin on Tuesday, September 1, 2015 in the Carl B. StokesFederal Courthouse in Cleveland, Ohio. By Tuesday, July 21, 2015, the Spring Air Plaintiffs shall file an amended trial witness list, reflecting all trial witnesses identified as of July 15, 2015. Further record phone conference scheduled for Wednesday, July 22, 2015 at 11:30 AM (EDT). Counsel shall use the district court conference line. Signed by Judge Jack Zouhary on 7/17/2015. (K,K)
July 16, 2015 Opinion or Order Filing 1824 Order Excluding Greenhalgh and Silbert Testimony. The Spring Air and Indirect Purchaser Class Plaintiffs' Motions to Exclude the Limited Supplemental Expert Report of Peter R. Greenhalgh (Docs. #1683 and #1686 ) aregranted. The Sealy Plaintiffs' Motion (Doc. #1669 ) is denied as moot in light of the parties' settlement. This Court likewise grants the Indirect Purchasers Class' Motion to Exclude the Report and Testimony of Earl J. Silbert (Doc. #1686 ) for the reasons previously stated as grounds for excluding Silbert's testimony in the Direct Purchaser Class case. Signed by Judge Jack Zouhary (MDL2196) on 7/16/2015. (K,K)
July 14, 2015 Filing 1823 Affidavit/Declaration of Matthew P. McGuire filed by Hickory Springs Manufacturing Company. (Attachments: #1 Exhibit A (Letter to Federal and State Officials and Service List))(McGuire, Matthew)
July 14, 2015 Opinion or Order Filing 1822 Marginal Entry Order granting Motion to stay action as to Defendant Future Foam, Inc. (Related Doc #1821 ). Signed by Judge Jack Zouhary (MDL2196) on 7/14/2015.(K,K)
July 13, 2015 Filing 1821 Joint Motion to stay as to Defendant Future Foam, Inc. filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., Fraenkel Company, Future Foam, Inc., Alfred T. Giuliano, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Medi-Pedic Bedding Co., Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (O'Neill, Anthony)
July 13, 2015 Filing 1820 Affidavit/Declaration of Bethany G. Lukitsch Regarding Carpenter Co.'s Compliance with 28 U.S.C. Section 1715 filed by Carpenter Company. (Attachments: #1 Exhibit A (Carpenter CAFA Service Letter), #2 Exhibit B (Carpenter CAFA Service List))(Lukitsch, Bethany)
July 13, 2015 Filing 1819 Reply in support Motion for Sanctions and, Opposition to #1800 Motion for sanctions, #1743 Motion for sanctions The Direct Purchaser Class' Notice of Motion and Motion for Sanctions Under Rule 11 filed by Direct Purchaser Class. (Attachments: #1 Exhibit Wolfson Declaration)(Felder, Melissa)
July 10, 2015 Filing 1818 Notice of FXI and Future Foam's General Objections to the Spring Air Plaintiffs' Initial Deposition Designations filed by FXI-Foamex Innovations, Inc.. (Paris, Adam)
July 10, 2015 Filing 1817 Motion to stay Indirect Purchaser Class Cases Pending Supreme Court Resolution of Tyson Foods, Inc. v. Bouaphakeo filed by FXI-Foamex Innovations, Inc., Future Foam, Inc.. (Paris, Adam)
July 10, 2015 Filing 1816 SEALED Document:Defendants' Reply in Support of Renewed Motion to Dismiss Certain Indirect Purchaser Plaintiff Claims for Lack of Standing and Motions to Decertify the Indirect Purchaser Plaintiff Class filed by FXI-Foamex Innovations, Inc., Future Foam, Inc. Related document #1698 , #42 . (Attachments: #1 Declaration of Michael H. Steinberg, #2 Exhibit A (Johs Dep. Tr.), #3 Exhibit B (Parker Dep. Tr.), #4 Exhibit C (Driftwood Dep. Tr.), #5 Exhibit D (Beastrom Dep. Tr.), #6 Exhibit E (Brown Dep. Tr.), #7 Exhibit F (Gomez Dep. Tr.), #8 Exhibit G (Lord Dep. Tr.), #9 Exhibit H (Lord Dep. Ex.), #10 Exhibit I (Johs Dep. Ex.), #11 Exhibit J (Gomez Dep. Ex.), #12 Exhibit K (Gomez Dep. Ex.), #13 Exhibit L (Brown Dep. Ex.), #14 Exhibit M (Beastrom Dep. Ex.), #15 Exhibit N (Beastrom Dep. Ex.), #16 Exhibit O (Petition for Writ of Cert.), #17 Exhibit P (Bemco Dep. Tr.))(Paris, Adam) Modified to add link 7/13/2015 (K,K).
July 10, 2015 Filing 1815 Affidavit/Declaration of John P. Passarelli filed by Future Foam, Inc.. (Attachments: #1 Exhibit Letter to Federal and State Officials)(Passarelli, John)
July 10, 2015 Filing 1814 Affidavit/Declaration of Dhananjay S. Manthripragada filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: #1 Exhibit A (Letter to Federal and State Officials and Service List))(France, Jamie)
July 9, 2015 Opinion or Order Filing 1813 Order dismissing, with prejudice, Direct Action Plaintiffs' claims against Hickory Springs Manufacturing Company. Related document #1812 . Signed by Judge Jack Zouhary (MDL2196) on 7/9/2015. (K,K)
July 9, 2015 Filing 1812 Joint Proposed Stipulation of Dismissal with Prejudice against Hickory Springs Manufacturing Co. filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., Fraenkel Company, Alfred T. Giuliano, Grand Rapids Bedding Co., Hickory Springs Manufacturing Company, Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Medi-Pedic Bedding Co., Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc. (Attachments: #1 Proposed Order)(O'Neill, Anthony) Modified to remove duplicate text 7/9/2015 (K,K).
July 9, 2015 Opinion or Order Filing 1811 Order extending deadlines related to deposition designations. Related document #1809 . Signed by Judge Jack Zouhary (MDL2196) on 7/9/2015. (K,K)
July 8, 2015 Filing 1810 Expedited Non-Appeal Transcript Order Form for proceedings held on July 2, 2015 before Judge Judge Jack Zouhary, Court Reporter: George Staiduhar. Requested completion date: July 15, 2015 filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (Regan, James)
July 8, 2015 Filing 1809 Joint Proposed Stipulation and [Proposed] Order to Extend Deadlines Related to Deposition Designations filed by FXI-Foamex Innovations, Inc.. (Steinberg, Michael)
July 8, 2015 Filing 1808 Transcript of telephone conference held on July 2nd, 2015, before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [28 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 7/15/2015. Redaction Request due 7/29/2015. Redacted Transcript Deadline set for 8/10/2015. Release of Transcript Restriction set for 10/6/2015. Related document(s) #1803 . (S,G)
July 8, 2015 Opinion or Order Filing 1807 Order denying Motion for leave to appeal in forma pauperis (Related Doc #1775 ). This Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that Narkin cannot in good faith appeal this Court's March 2015 entry of judgment. This Court therefore denies Narkin's application to proceed in forma pauperis in his first appeal. This Court also denies Narkin's application with respect to his second appeal as moot or as similarly frivolous pursuant to 28 U.S.C. 1915(a)(3). Related document #1747 . Signed by Judge Jack Zouhary (MDL2196) on 7/8/2015.(K,K)
July 8, 2015 Copy of #1807 Order mailed to Mr. Michael Narkin at 85391 Chezem Road, Eugene, OR 97405 on 7/8/2015. (K,K)
July 7, 2015 Filing 1806 Affidavit/Declaration of Jeanne M. Janchar in Support of Compliance with 28 U.S.C. 1715 filed by Leggett & Platt, Inc. (Attachments: #1 Exhibit A - Letter from Jeane Janchar dated 6/29/2015, #2 Exhibit B - Service List )(Janchar, Jeanne) Modified on 7/8/2015 (K,K).
July 7, 2015 Opinion or Order Filing 1805 Order staying Sealy Plaintiffs' action and all deadlines as to Defendant Future Foam, Inc. Related document #1804 . Signed by Judge Jack Zouhary (MDL2196) on 7/7/2015. (K,K)
July 7, 2015 Filing 1804 Proposed Stipulation to Stay Action as to Future Foam filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: #1 Proposed Order)(Randall, Samuel)
July 7, 2015 Filing 1803 Expedited Non-Appeal Transcript Order Form for proceedings held on July 2, 2015 before Judge Zouhary, Court Reporter: George Staiduhar. Requested completion date: July 8, 2015 filed by FXI-Foamex Innovations, Inc.. (Steinberg, Michael)
July 7, 2015 Filing 1802 Notice of Change of Firm Affiliation for Mindee J. Reuben filed by Direct Purchaser Class. (Attachments: #1 Certificate of Service)(Reuben, Mindee)
July 7, 2015 Opinion or Order Filing 1801 Marginal Entry Order granting Sealy Plaintiffs' Motion to stay action as to Foamex Innovations, Inc. (Related Doc #1798 ). Signed by Judge Jack Zouhary (MDL2196) on 7/7/2015.(K,K)
July 6, 2015 Filing 1800 Motion to have Class Counsel Sanctioned and Objector's Response to Direct Purchaser Class' #1743 Motion for Sanctions filed by Michael Narkin. (L,A)
July 6, 2015 Opinion or Order Filing 1799 Order re: July 2 Phone Call. This Court held a record phone conference on 7/2/2015 to discuss the Indirect Purchaser Class's Motion for Preliminary Approval of Settlements #1751 . See transcript for details (Court Reporter: George Staiduhar). Final Approval Hearing set for 12/7/2015 at 1:30 PM in Courtroom 209 before Judge Jack Zouhary. Indirect Purchaser Class shall respond to any objections to the settlements by 12/2/2015. By 7/13/2015, counsel shall meet and confer and jointly propose remaining dates for settlement milestones as discussed during the call. Also by 7/13/2015 the parties will supplement the Motion for Preliminary Approval with any modifications to the notices, claim form, or plan of allocation. Judge Jack Zouhary (MDL2196) on 7/6/2015. (1 hr, 30 mins) (Attachments: #1 Legal Notice)(D,L)
July 6, 2015 Filing 1798 Motion to stay Action as to Defendant Foamex Innovations, Inc. filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Blechman, William)
July 6, 2015 Opinion or Order Filing 1797 Order approving disbursement re: #1786 Proposed Billing Statement (June 1-June 30, 2015). Judge Jack Zouhary (MDL2196) on 7/6/2015. (D,L)
July 6, 2015 Filing 1796 Non-Appeal Transcript Order Form for proceedings held on July 2, 2015 before Judge Zouhary, Court Reporter: George Staiduhar. Requested completion date: July 20, 2015 filed by Future Foam, Inc.. (Passarelli, John)
July 6, 2015 Filing 1795 Non-Appeal Transcript Order Form for proceedings held on 7/2/2015 before Judge Zouhary, Court Reporter: Staiduhar. Requested completion date: 8/5/2015 filed by Leggett & Platt, Inc.. (Warncke, Daniel)
July 3, 2015 Filing 1794 SEALED Document:FXI's Notice of Filing of Its Exhibit List for the Sealy/Spring Air Trial filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit A - FXI's Exhibit List)(Paris, Adam)
July 3, 2015 Filing 1793 SEALED Document:FXI's Notice of Filing of Its Exhibit List for the Indirect Purchaser Class Action Trial filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit A - FXI's Exhibit List)(Paris, Adam)
July 3, 2015 Filing 1792 SEALED Document:FXI's Trial Witness List for the Sealy/Spring Air Trial filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 . (Paris, Adam)
July 3, 2015 Filing 1791 SEALED Document:FXI's Trial Witness List for the Indirect Purchaser Class Action Trial filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 . (Paris, Adam)
July 3, 2015 Filing 1790 Exhibit List for Sealy/Spring Air Trial filed by Future Foam, Inc.. (Attachments: #1 Exhibit Sealy/Spring Air Exhibit List)(Fox, Edward)
July 3, 2015 Filing 1789 Witness List for Sealy/Spring Air Trial filed by Future Foam, Inc.. (Fox, Edward)
July 3, 2015 Filing 1788 Witness List for IPP Trial filed by Future Foam, Inc.. (Fox, Edward)
July 3, 2015 Filing 1787 Exhibit List for IPP Trial filed by Future Foam, Inc.. (Attachments: #1 Exhibit Trial Exhibit List)(Fox, Edward)
July 3, 2015 Filing 1786 Proposed Order Summary Billing Statement for June, 2015 relating to docket #1785 filed by David Rosenblum Cohen. (Cohen, David)
July 1, 2015 Opinion or Order Filing 1784 Order of dismissal, with prejudice, of the Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., and L&J Products and Sales Inc. Plaintiff's claims against the Vitafoam Defendants. Related document #1783 . Signed by Judge Jack Zouhary (MDL2196) on 7/1/2015. (K,K) Modified to add link 7/8/2015 (K,K).
June 30, 2015 Filing 1783 Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by Florida Foam and Sales, Inc., Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., L & J Products and Sales, Inc., NC Foam and Sales, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc.. (Attachments: #1 Proposed Order)(Revera, Gregory)
June 29, 2015 Filing 1782 SEALED Document:Reply in Support of FXI's Motion for Summary Judgment and FXI's and Future Foam's Motions to Exclude the Testimony and Reports of Dr. Orley Ashenfelter filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 , #1691 , #1696 . (Paris, Adam)
June 29, 2015 Filing 1781 Reply in support of #1695 SEALED Motion to Exclude the Reports and Testimony of Dr. Russell L. Lamb #42 filed by FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc. (Attachments: #1 Exhibit D - Excerpts of Dr. Lamb's Deposition Testimony, #2 Exhibit E - Ordover Figures 1 & 3)(Raines, Alicia) Modified to remove duplicate text 6/30/2015 (K,K).
June 29, 2015 Filing 1780 Reply in support of #1686 Motion Daubert Motion to Exclude the Report and Testimony of Earl J. Silbert and to Exclude the Limited Supplemental Expert Report of Peter R. Greenhalgh and Any Testimony Regarding its Subject Matter filed by Indirect Purchaser Class. (Miller, Marvin)
June 29, 2015 Filing 1779 SEALED Document:Reply Memorandum in Support of Motion for Summary Judgment as to the Indirect Purchaser Class Plaintiffs filed by FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc.. Related document(s) #42 , #1698 . (Blinn, Meghan)
June 29, 2015 Filing 1778 SEALED Document:Future Foam's Reply Memorandum in Support of Summary Judgment Motion as to the Spring Air Plaintiffs filed by Future Foam, Inc.. Related document(s) #42 , #1691 . (Blinn, Meghan)
June 29, 2015 Filing 1777 SEALED Document:Memorandum in Support of Evidentiary Objection to Hearsay Evidence Submitted in the Sealy Plaintiffs' Omnibus Response in Opposition to Defendants' Summary Judgment and Daubert Motions filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 . (Paris, Adam)
June 29, 2015 Filing 1776 Marginal Entry Order granting #1760 SEALED Motion for Leave to File Memorandum in Support of Evidentiary Objections to Hearsay Evidence Included in the Sealy Plaintiffs' Omnibus Response in Opposition to Defendants' Summary Judgment and Daubert Motions. The Sealy Plaintiffs shall oppose the evidentiary objections by 7/8/2015. No more than 15 pages. No reply. Judge Jack Zouhary (MDL2196) on 6/29/2015.(D,L)
June 29, 2015 Filing 1775 Motion to appeal in forma pauperis filed by Michael Narkin. Related document(s) #1747 . (M,L)
June 29, 2015 Filing 1774 SEALED Document: Sur-reply in Opposition to Future Foam's Reply filed by Sealy Plaintiffs'. Related document(s) #42 , #1671 . (Attachments: #1 Exhibit A - Email re: Foamex Letter)(K,K)
June 29, 2015 Opinion or Order Filing 1773 Marginal Entry Order granting Spring Air Plaintiffs' Motion to stay action as to FFP Holdings, LLC (Related Doc #1765 ). Signed by Judge Jack Zouhary (MDL2196) on 6/29/2015.(K,K)
June 29, 2015 Opinion or Order Filing 1772 Marginal Entry Order granting Sealy Plaintiffs' Motion to stay action as to FFP Holdings, LLC (Related Doc #1764 ). Signed by Judge Jack Zouhary (MDL2196) on 6/29/2015.(K,K)
June 29, 2015 Opinion or Order Filing 1771 Sealed Marginal Entry Order granting #1763 Sealed Motion for leave to file sur-reply. Sealy Plaintiffs are to file the sur-reply forthwith. Signed by Judge Jack Zouhary (MDL2196) on 6/29/2015.(K,K)
June 26, 2015 Filing 1770 Witness List filed by Indirect Purchaser Class. (Miller, Marvin)
June 26, 2015 Filing 1769 Exhibit List filed by Indirect Purchaser Class. (Attachments: #1 Exhibit A -- IPP Trial Exhibit List)(Miller, Marvin)
June 26, 2015 Filing 1768 Exhibit List filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., La-Z-Boy Incorporated, National Bedding Company, Pleasant Mattress Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Simple Designs Manufacturing, Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tempur-Pedic International, Inc., Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (Attachments: #1 Exhibit A - Exhibit List)(Almon, James)
June 26, 2015 Filing 1767 Witness List filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., La-Z-Boy Incorporated, National Bedding Company, Pleasant Mattress Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Simple Designs Manufacturing, Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tempur-Pedic International, Inc., Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (Almon, James)
June 26, 2015 Filing 1766 Refiled on member case 3:10-pf-10019. Notice of Dismissal Under FRCP 41(a)(1) filed by Eric Hodge. (Terrell, Reginald) Modified text 7/1/2015 (K,K).
June 26, 2015 Filing 1765 Joint Motion to stay Action as to FFP Holdings LLC filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., FFP Holdings, LLC, Fraenkel Company, Alfred T. Giuliano, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Medi-Pedic Bedding Co., Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (Pollack-Milgate, Deborah)
June 26, 2015 Filing 1764 Motion to stay Action as to FFP Holdings LLC filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Blechman, William)
June 26, 2015 Filing 1763 SEALED MOTION:Sealy Plaintiffs' Motion for Leave to File One Page Sur-reply filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. Related document(s) #42 , #1756 . (Attachments: #1 Exhibit Proposed Sur-reply)(Blechman, William) Modified to SEALED MOTION; notice regenerated 6/29/2015 (K,K).
June 25, 2015 Filing 1762 Acknowledgment from the USCA for Sixth Circuit of receipt of #1747 Notice of Appeal (USCA# 15-3680). Date filed in USCA 6/24/15. (H,SP)
June 25, 2015 Filing 1761 Proposed Stipulation of Dismissal, With Prejudice, of Sealy Plaintiffs' Claims Against Leggett & Platt filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: #1 Proposed Order)(Blechman, William)
June 23, 2015 Filing 1760 SEALED Motion for Leave to File Memorandum in Support of Evidentiary Objections to Hearsay Evidence Included in the Sealy Plaintiffs' Omnibus Response in Opposition to Defendants' Summary Judgment and Daubert Motions #42 filed by MDL Notice Only FXI-Foamex Innovations, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit A (FXI's Memorandum in Support of Evidentiary Objection to Hearsay Evidence Submitted in the Sealy Plaintiffs' Omnibus Response in Opposition to Defendants' Summary Judgment and Daubert Motions))(Paris, Adam)
June 23, 2015 Filing 1759 SEALED Document:Reply in Support of FXI's Motion for Summary Judgment and FXI's and Future Foam's Motions to Exclude the Testimony and Reports of Dr. Keith Leffler as to FXI and Future Foam filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 , #1673 , #1672 , #1670 . (Attachments: #1 Index of Sealed Appendix Exhibits, #2 Declaration of Michael H. Steinberg with Sealed Appendix Exhibits, #3 Sealed Appendix Exhibits 1-21, #4 Sealed Appendix Exhibits 22-38, #5 Sealed Appendix Exhibits 39-46)(Paris, Adam)
June 23, 2015 Filing 1758 SEALED Document:Reply Brief in Support of Future Foam's Summary Judgment Motion as to the Sealy Plaintiffs filed by Future Foam, Inc.. Related document(s) #42 , #1673 . (Attachments: #1 Index of Evidence, #2 Exhibit 1 - Excerpt from Deposition of Michael Faus, #3 Exhibit 2 - Excerpt from Deposition of Jan Denenberg)(Blinn, Meghan)
June 23, 2015 Filing 1757 SEALED Document:Reply in Support of Its Partial Summary Judgment and Daubert Motion filed by FFP Holdings, LLC. Related document(s) #42 , #1675 . (Attachments: #1 Exhibit 1 - Summary Charts of FFP's Gross Margins)(Pollack-Milgate, Deborah)
June 23, 2015 Filing 1756 SEALED Document:Reply in Support of Summary Judgment that the Sealy Plaintiffs Lack Standing to Pursue an Antitrust Claim filed by FFP Holdings, LLC, Future Foam, Inc.. Related document(s) #42 , #1671 . (Pollack-Milgate, Deborah)
June 23, 2015 Filing 1755 Reply in support of #1669 SEALED Motion to Exclude Report and Testimony of Mr. Greenhalgh filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Blechman, William)
June 22, 2015 Filing 1754 SEALED Document:Indirect Purchaser Plaintiffs' Opposition to Defendants' Motions to Decertify filed by Indirect Purchaser Class. Related document(s) #42 , #1692 , #1694 . (Attachments: #1 Exhibit A - Lamb Class Cert Dec, #2 Exhibit B - Nolan Pillow Receipt and Packaging, #3 Exhibit C - Serta 30(b)(6) Dep, #4 Exhibit D - Sealy 30(b)(6) Dep, #5 Exhibit E - Parker 30(b)(6) Dep, #6 Exhibit F - Driftwood 30(b)(6) Dep, #7 Exhibit G - FXI Disclosures)(Miller, Marvin)
June 22, 2015 Filing 1753 Response to #1698 Joint SEALED Motion to Dismiss Certain IPP Claims for Lack of Standing and for Summary Judgment #42 filed by Indirect Purchaser Class. (Miller, Marvin)
June 19, 2015 Filing 1752 Memorandum of Law in Support of #1751 Motion for Preliminary Approval of Settlements with Carpenter Co., Hickory Springs Manufacturing Co., Leggett & Platt, Inc., Mohawk, Inc., Vitafoam Products Canada Ltd., and Vitafoam, Inc., Woodbridge Foam Corp., Woodbridge Sales & Engineering, Inc., and Woodbridge Foam Fabricating, Inc. filed by Plaintiff Indirect Purchaser Class. Related document(s) #1751 . (Miller, Marvin) Modified text on 6/22/2015 (B,R).
June 19, 2015 Filing 1751 Motion for Preliminary Approval of Settlements with Carpenter Co., Hickory Springs Manufacturing Co., Leggett & Platt, Inc., Mohawk, Inc., Vitafoam Products Canada Ltd., Vitafoam Inc., Woodbridge Foam Corp., Woodbridge Sales & Engineering, Inc., and Woodbridge Foam Fabricating, Inc. filed by Plaintiff Indirect Purchaser Class. (Attachments: #1 Exhibit A - Declaration of Marvin A. Miller, #2 Exhibit B - Carpenter Settlement Agreement, #3 Exhibit C - Hickory Springs Settlement Agreement, #4 Exhibit D - Leggett & Platt Settlement Agreement, #5 Exhibit E - Mohawk Settlement Agreement, #6 Exhibit F - Vitafoam Settlement Agreement, #7 Exhibit G - Woodbridge Settlement Agreement, #8 Exhibit H - Short-Form Notice for Publication, #9 Exhibit I - Long-Form Notice for Website and Mailing, #10 Exhibit J - Plan of Allocation, #11 Exhibit K - Claim Form, #12 Exhibit L - Affidavit of Anya Verkhovskaya)(Miller, Marvin)
June 19, 2015 Filing 1750 Notice to take Deposition of Howard Marvel on June 26, 2015 filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Randall, Samuel)
June 19, 2015 Filing 1749 Opposition to #1746 (Cross-Motion) Motion to strike FFP's Rebuttal Expert Report and Daubert Motion :Spring Air Plaintiffs' Opposition to Defendant FFP's Cross-Motion to Strike Rebuttal Report #1746 filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (Tompkins, Charles) Modified text on 6/19/2015 (H,JD).
June 18, 2015 Filing 1748 SEALED Document:The "Spring Air Plaintiffs'" corrected Omnibus Memorandum in Opposition to various Defendants' Motions for Summary Judgement and to exclude the Expert Opinion of Dr. Orley Ashenfelter filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. Related document(s) #42 , #1689 , #1691 , #1739 , #1697 , #1696 . (Wiechmann, Eric) Modified to remove caps 6/19/2015 (K,K).
June 18, 2015 Filing 1747 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals the Court's 5/19/15 #1701 Order filed by Michael Narkin. Fee not paid. (L,A) Modified text 6/19/2015 (C,KA).
June 17, 2015 Filing 1746 Opposition to #1734 Motion to strike FFP's Rebuttal Expert Report and Daubert Motion and Cross-Motion to Strike Spring Air's Rebuttal Expert Report and Opposition to Defendants' Daubert Motion filed by FFP Holdings, LLC. (Attachments: #1 Exhibit 1 - 6-1-15 Love email and attachments)(Love, Bradley)
June 17, 2015 Opinion or Order Filing 1745 Marginal Order staying action as to Woodbridge Defendants. Related document #1744 . Signed by Judge Jack Zouhary (MDL2196) on 6/17/2015. (K,K) Modified to add document link 6/17/2015 (K,K).
June 17, 2015 Filing 1744 Joint Proposed Stipulation Regarding Staying the Action as to Woodbridge Defendants filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., Fraenkel Company, Alfred T. Giuliano, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Medi-Pedic Bedding Co., Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Group. (O'Neill, Anthony)
June 16, 2015 Filing 1743 Motion for sanctions The Direct Purchaser Class' Notice of Motion and Motion for Sanctions Under Rule 11 filed by Plaintiff Direct Purchaser Class. (Attachments: #1 Brief in Support, #2 Exhibit A-Narkin Objection, #3 Exhibit B-Ghirardelli Objection, #4 Exhibit C-Aguiar Objection, #5 Exhibit D-Bezdek Objection, #6 Exhibit E-Larsen Objection, #7 Exhibit F-Fitflop Objection, #8 Exhibit G-Letter to Narkin, #9 Exhibit H-Chart of Narkin Objections, #10 Exhibit I-Narkin bankruptcy schedules)(Felder, Melissa)
June 16, 2015 Opinion or Order Filing 1742 Order staying IPP case as to Vitafoam Defendants. Related document #1737 . Signed by Judge Jack Zouhary (MDL2196) on 6/16/2015.(K,K)
June 16, 2015 Opinion or Order Filing 1741 Marginal Order staying action as to Mohawk Industries, Inc. Related document #1731 . Signed by Judge Jack Zouhary (MDL2196) on 6/16/2015. (K,K)
June 15, 2015 Filing 1740 SEALED Document:IPP Plaintiffs' Omnibus Memorandum in Opposition to Defendants' Motions for Summary Judgment filed by Indirect Purchaser Class. Related document(s) #42 , #1689 , #1698 , #1692 , #1690 . (Attachments: #1 Index Index of Exhibits, #2 Exhibit A - April 12, 2006 Email attaching Mohawk Price Increase Letter, #3 Exhibit B - May 9, 2006 Renfro Email to Carpenter attaching Flexible Foam Increase Letter, #4 Exhibit C - May 9, 2008 Facsimile Transmission of Carpenter Increase Letter, #5 Exhibit D - Declaration of John Howard, #6 Exhibit E - Declaration of Tammy Jacovides, #7 Exhibit F - October 6, 2005 Donato/Farah Email, #8 Exhibit G - Handwritten Notes Re Price-fixing situation, #9 Exhibit H - February 26, 2005 Emai, #10 Exhibit I - October 9, 2002 Future Foam Email, #11 Exhibit J - Declaration of Tony Vellecoccia, #12 Exhibit K - Vitafoams Responses to IPPs Amended Requests for Admission, #13 Exhibit L - Woodbridge Plea Agreement, #14 Exhibit M - Compressors Antitrust Litig. 3rd Consolidated Am. Complaint, #15 Exhibit N - Deposition of Kathleen Nolan and Proof of Purchase, #16 Exhibit O - Deposition of The Parker Company, #17 Exhibit P - Deposition of Driftwood Hospitality Management, #18 Exhibit Q - June 3, 2003 Email, #19 Exhibit R - Moeller Deposition Transcript, #20 Exhibit S - Price Increase Correspondence Involving FFP From 2001, #21 Exhibit T - Excerpt From Trial Reply Declaration of Dr. Russell Lamb, #22 Exhibit U - Lamb Deposition Transcript (07/14/14))(Miller, Marvin)
June 15, 2015 Filing 1739 SEALED Document:The "Spring Air Plaintiffs' Omnibus Memorandum in Opposition to Various Defendants' Motions for Summary Judgment and to Exclude the Expert Opinion of Dr. Orley Ashenfelter filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.Related document(s) #42 , #1689 , #1691 , #1697 , #1696 . (Attachments: #1 Appendix A - Deposition Excerpts, #2 Appendix B - Addendum of Orly Ashenfelter June 15, 2015, #3 Affidavit of Charles E. Tompkins, #4 Exhibit 1 - Ashenfelter Rebuttal Report, #5 Exhibit 2 - Ashenfelter Deposition Excerpts, #6 Exhibit 3 - Dkt. No. 1648-3 Ashenfelter Rebuttal Errata, #7 Exhibit 4 - Greenhalgh Deposition Excerpts, #8 Exhibit 5 - Orly Ashenfelter Curriculum Vitae, #9 Exhibit 6 - Greenhalgh Resume, #10 Exhibit 7 - Joseph P. Kalt Expert Report, #11 Exhibit 8 - Janusz Ordover Expert Report, #12 Exhibit 9 - Orly Ashenfelter Expert Report, #13 Exhibit 10 - Peter Greenhalgh Expert Report, #14 Exhibit 11 - Howard Marvel Expert Report, #15 Exhibit 12 - Howard Marvel Deposition Excerpts, #16 Exhibit 13 - Joseph Kalt Expert Report, #17 Exhibit 14 - Peter Greenhalgh Deposition Excerpts, #18 Exhibit 15 - Thomas Koltun Deposition Excerpts, #19 Exhibit 16 - Ex. 41 - Freeman Deposition)(Tompkins, Charles) Modified to remove caps 6/16/2015 (K,K).
June 15, 2015 Filing 1738 SEALED Document:IPP Memo in Opposition to Defendants' Motions to Exclude the Report and Testimony of Dr. Russell Lamb filed by Indirect Purchaser Class. Related document(s) #42 , #1692 , #1695 , #1690 . (Attachments: #1 Index of Exhibits, #2 Exhibit A - Lamb Trial Report, #3 Exhibit B - Lamb Trial Reply Report, #4 Exhibit C - Lamb Deposition, #5 Exhibit D - Ordover Deposition, #6 Exhibit E - Pauley Deposition v. 1, #7 Exhibit F - Pauley Deposition v. 2, #8 Exhibit G - Ordover Declaration, #9 Exhibit H - Sharkey Deposition, #10 Exhibit I - Jernigan Deposition, #11 Exhibit J - Lockhart & Jackson Deposition, #12 Exhibit K - Sealy 10-K 2004, #13 Exhibit L - Sealy 10-K 2006, #14 Exhibit M - Sealy 10-K 2008, #15 Exhibit N - Sealy 10-K 2010, #16 Exhibit O - Serta article, #17 Exhibit P - Ex P - Bedding Majors article, #18 Exhibit Q - La-Z-Boy 10-K 2005, #19 Exhibit R - La-Z-Boy 10-K 2007, #20 Exhibit S - La-Z-Boy 10-K 2008, #21 Exhibit T - Tempur-Pedic 10-K, #22 Exhibit U - Select Comfort 10-K 2005, #23 Exhibit V - Select Comfort 10-K 2006, #24 Exhibit W - Denenberg Deposition, #25 Exhibit X - Wahrmund Deposition, #26 Exhibit Y - Minning Deposition, #27 Exhibit Z - SRTFMED00154621, #28 Exhibit AA - SRTFMED 00176657, #29 Exhibit BB - FBNFM00007783, #30 Exhibit CC - FX00211233, #31 Exhibit DD - Palmer Ex. 11, #32 Exhibit EE - Mohawk Retailer Survey, #33 Exhibit FF - Furniture Today article, #34 Exhibit GG - SRTFMED00155070, #35 Exhibit HH - Class Cert Hrg Transcript, #36 Exhibit II - Kalt Deposition)(Miller, Marvin) Modified to remove duplicate text 6/16/2015 (K,K).
June 15, 2015 Filing 1737 Joint Motion to stay Case Against Defendants Vitafoam Products Canada Limited and Vitafoam, Inc. (Collectively, "Vitafoam Defendants") filed by Plaintiff Indirect Purchaser Class. (Miller, Marvin)
June 15, 2015 Filing 1736 Notice of Firm Name Change filed by Cambridge of California, Inc.. (Strange, Brian)
June 12, 2015 Filing 1735 Declaration of Matthew P. McGuire Regarding Hickory Springs Manufacturing Company's Compliance with 28 U.S.C. 1715 filed by Hickory Springs Manufacturing Company. (Attachments: #1 Exhibit A, Letter to Federal, State, Commonwealth and Territorial Officials)(McGuire, Matthew)
June 12, 2015 Filing 1734 Motion to strike FFP's Rebuttal Expert Report and Daubert Motion filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. Related document(s) #1675 . (Wiechmann, Eric)
June 12, 2015 Filing 1733 Declaration of Kendall Millard in Support of Compliance with 28 U.S.C. 1715 filed by FFP Holdings, LLC. (Attachments: #1 Exhibit A, Letter to Federal and State Officials, #2 Exhibit B, Service List)(Millard, Kendall)
June 11, 2015 Filing 1732 Declaration of Dhananjay S. Manthripragada Regarding Woodbridge Defendants' Compliance with 28 U.S.C. 1715 filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (Attachments: #1 Exhibit A, Letter to U.S. and State Attorneys General)(France, Jamie)
June 11, 2015 Filing 1731 Joint Proposed Stipulation Regarding Staying Action as to Mohawk Industries, Inc. filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., Fraenkel Company, Alfred T. Giuliano, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Medi-Pedic Bedding Co., Inc., Mohawk Industries, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (Dowell, Matthew)
June 11, 2015 Filing 1730 Declaration of Allison S. Thompson Regarding Mohawk Industries, Inc.'s Compliance with 28 U.S.C. 1715 filed by Mohawk Industries, Inc. (Attachments: #1 Exhibit A, Letter to U.S. Attorney General, #2 Exhibit B, Letter to State Attorneys General)(Dowell, Matthew)
June 11, 2015 Opinion or Order Filing 1729 Order approving disbursement re: #1712 Proposed Billing Statement (March 14-May 29, 2015). Judge Jack Zouhary (MDL2196) on 6/11/2015. (D,L)
June 11, 2015 Opinion or Order Filing 1728 Order staying IPP case as to Hickory Springs. Related document #1727 . Signed by Judge Jack Zouhary (MDL2196) on 6/11/2015.(K,K)
June 10, 2015 Filing 1727 Joint Motion to stay Case Against Defendant Hickory Spring Manufacturing Company filed by MDL Notice Only Hickory Springs Manufacturing Company, Plaintiff Indirect Purchaser Class. (Miller, Marvin)
June 10, 2015 Opinion or Order Filing 1726 Order. For the reasons stated in the Order, the Court denies Plaintiffs' #1723 Motion for a 15 minute extension, but grants a 20 minute extension, thereby allowing their brief, filed 18 minutes late, to be deemed timely filed. Signed by Judge Jack Zouhary (MDL2196) on 6/10/2015.(K,K)
June 10, 2015 Filing 1725 Attorney Appearance by Brittany A. Killian.(K,K)
June 10, 2015 Filing 1724 Sealy Plaintiffs' Omnibus Response in Opposition to Defendants' Summary Judgment and Daubert Motions filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc. Related documents #1670 , 1671], #1675 , #1673 . (Attachments: #1 Pleading Randall Declaration, #2 Exhibit Declaration Exhibits 1-10, #3 Exhibit Declaration Exhibits 11-15, #4 Exhibit Declaration Exhibits 16-20, #5 Exhibit Declaration Exhibits 21-30, #6 Exhibit Declaration Exhibits 31-60, #7 Exhibit Declaration Exhibits 61-70, #8 Exhibit Declaration Exhibit 71 - Part 1, #9 Exhibit Declaration Exhibit 71 - Part 2, #10 Exhibit Declaration Exhibits 72-80, #11 Exhibit Declaration Exhibits 81-92)(Randall, Samuel) Modified to term motion, add links 6/10/2015 (K,K).
June 10, 2015 Filing 1723 Motion for extension of time until June 10, 2015 at 12:15 am to File Brief filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Randall, Samuel)
June 9, 2015 Filing 1722 SEALED Document:FXI's Opposition to Sealy, Spring Aiar and Indirect Purchaser Plaintiffs' Motions to Exclude Report and Testimony of Mr. Greenhalgh filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 , #1669 , #1683 , #1686 . (Attachments: #1 Declaration of Adam S. Paris, #2 Exhibit A - 02.11.15 Greenhalgh report, #3 Exhibit B - 02.11.15 email, #4 Exhibit C - 02.12.15 email)(Paris, Adam) Modified text 6/10/2015 (K,K).
June 9, 2015 Filing 1721 True Copy of mandate from US Court of Appeals for the Federal Circuit: Transferring the Notice of Appeal to the Sixth Circuit Court of Appeals re #1620 (USCA# 15-1497). Date issued by USCA 6/8/15 (H,SP)
June 8, 2015 Filing 1720 Attorney Appearance by James P. Fieweger, Paul J. Ripp filed by on behalf of Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc. (K,K)
June 8, 2015 Filing 1719 Filing Error (refiled on member case 3:13-pf-10012) - Proposed Stipulation of Dismissal filed by Ford Motor Company. (Attachments: #1 Proposed Order)(Holt, Benjamin) Modified text; notice regenerated 6/8/2015 (K,K). Modified on 11/10/2015 (K,K).
June 5, 2015 Opinion or Order Filing 1718 Order denying leave to file Amended Summary Judgment and Daubert Motions. Related document #1713 . Signed by Judge Jack Zouhary (MDL2196) on 6/5/2015.(K,K)
June 5, 2015 Opinion or Order Filing 1717 Order granting Sealy and Spring Air Plaintiffs' unopposed Motions for the Court to Adopt Previous Daubert Rulings (Docs. #1674 , #1682 ). Signed by Judge Jack Zouhary (MDL2196) on 6/5/2015. (K,K)
June 5, 2015 Filing 1716 Attorney Appearance by Eric R. Lifvendahl, Anthony J. O'Neill filed by on behalf of Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc. (K,K)
June 3, 2015 Filing 1715 Reply in support of #1713 SEALED Motion by Defendant FFP Holdings LLC for Leave to File Amended Memorandum and Exhibits in Support of Its Partial Summary Judgment and Daubert Motion #42 , #1710 , #1675 filed by FFP Holdings, LLC. (Love, Bradley)
June 1, 2015 Filing 1714 Response to #1713 SEALED Motion by Defendant FFP Holdings LLC for Leave to File Amended Memorandum and Exhibits in Support of Its Partial Summary Judgment and Daubert Motion #42 , #1710 , #1675 filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: #1 Exhibit Highlighted FFP Original Memorandum)(Blechman, William)
May 29, 2015 Filing 1713 SEALED Motion by Defendant FFP Holdings LLC for Leave to File Amended Memorandum and Exhibits in Support of Its Partial Summary Judgment and Daubert Motion #42 , #1710 , #1675 filed by MDL Notice Only FFP Holdings, LLC. Related document(s) #42 , #1710 , #1675 . (Attachments: #1 Exhibit A - FFP's Amended Memorandum and Exhibits in Support of Its Daubert and Partial Summary Judgment Motion, #2 Exhibit B - Redline Comparison)(Love, Bradley)
May 29, 2015 Filing 1712 Proposed Order Summary Billing Statement for March 14-May29, 2015 relating to docket #1711 filed by David Rosenblum Cohen. (Cohen, David)
May 26, 2015 Opinion or Order Filing 1710 Order imposing sanctions for late-disclosed expert report and granting in part and denying in part #1680 Sealy's Motion to Strike Rebuttal Export Report and Daubert Motion. Signed by Judge Jack Zouhary (MDL2196) on 5/26/2015.(K,K)
May 22, 2015 Opinion or Order Filing 1709 Marginal Entry Order granting Motion to stay case against Carpenter Co. (Related Doc #1706 ). Signed by Judge Jack Zouhary (MDL2196) on 5/22/2015.(K,K)
May 22, 2015 Opinion or Order Filing 1708 Order staying action as to Woodbridge Defendants. Related document #1705 . Signed by Judge Jack Zouhary (MDL2196) on 5/22/2015. (K,K)
May 22, 2015 Filing 1707 Notice of Filing of Corrected Exhibit B to Plaintiffs' Motion for Preliminary Approval (Dkt. 1699) filed by Direct Purchaser Class. (Attachments: #1 Exhibit (Corrected Exhibit B))Related document(s) #1699 .(Wolfson, Adam)
May 22, 2015 Filing 1706 Joint Motion to stay Case Against Carpenter Co. filed by MDL Notice Only Carpenter Company, Plaintiff Indirect Purchaser Class. (Miller, Marvin)
May 21, 2015 Filing 1705 Proposed Stipulation Re: Staying Action as to Woodbridge Defendants filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: #1 Proposed Order)(Blechman, William)
May 20, 2015 Filing 1704 Supplement The Sealy Plaintiffs' Supplement in Support of its Motion to Strike FFP's Rebuttal Expert Report and Daubert Motion to #1680 SEALED Motion filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. Related document(s) #1680 . (Attachments: #1 Exhibit Chart)(Blechman, William)
May 20, 2015 Opinion or Order Filing 1703 Order preliminarily approving Direct Purchaser Class Settlements and related motions (Related Doc #1699 ). This Court will hold a Fairness Hearing on 10/9/2015 at 10:00 AM in Courtroom 209 of the James M. Ashley and Thomas W. L. Ashley U.S. Courthouse, 1716 Spielbusch Avenue, Toledo, Ohio, 43606. Signed by Judge Jack Zouhary on 5/20/2015.(K,K)
May 19, 2015 Filing 1702 Opposition to #1680 SEALED Motion by Sealy Plaintiffs to Strike FFP's Rebuttal Expert Report, Affidavit, and Daubert Motion filed by FFP Holdings, LLC. (Attachments: #1 Exhibit 1 - 7-31-14 Hearing Transcript, #2 Exhibit 2 - Marvel Rebuttal Affidavit, #3 Exhibit 3 - 5-18-15 Love Email)(Love, Bradley)
May 19, 2015 Opinion or Order Filing 1701 Order re: Narkin Objection. Should Narkin file in this Court a motion for leave to proceed on appeal in forma pauperis, he must at the same time affirm under penalty of perjury, and provide evidence of, his membership in the Direct Purchaser Class. If Narkin fails to demonstrate his class membership in this way, this Court will find his appeal frivolous and will deny pauper status. (Related documents #1620 , #1657 .) Signed by Judge Jack Zouhary (MDL2196) on 5/19/2015. (K,K)
May 19, 2015 Filing 1700 SEALED Document:Exhibits M and N to Motion for Preliminary Approval of Settlements filed by Direct Purchaser Class. Related document(s) #42 , #1699 . (Attachments: #1 Exhibit N (Leitzinger March 9, 2015 Damages Model))(Wolfson, Adam)
May 19, 2015 Filing 1699 Motion (1) Preliminary Approval of Settlements with Defendants FFP Holdings, LLC, Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Mohawk Industries, inc., Woodbridge Foam Corporation, Woodbridge Sales & Engineering, Inc., and Woodbridge Foam Fabricating, Inc.; (2) Approval of Notice of Settlements; (3) Approval of Claim Form; and (4) Approval of Plan of Allocation filed by Plaintiff Direct Purchaser Class. (Attachments: #1 Brief in Support, #2 Exhibit A (FFP Settlement Agreement), #3 Exhibit B (FXI Settlement Agreement), #4 Exhibit C (Future Foam Settlement Agreement), #5 Exhibit D (Hickory Springs Settlement Agreement), #6 Exhibit E (Mohawk Settlement Agreement), #7 Exhibit F (Woodbridge Settlement Agreement), #8 Exhibit G (Proposed Long Form Notice), #9 Exhibit H (Proposed Short Form Notice), #10 Exhibit I (Proposed Claim Form), #11 Exhibit J (Declaration of Lael Dowd), #12 Exhibit K (Proposed Plan of Allocation), #13 Exhibit L (Excerpt of TFT-LCD Trial Transcript))(Wolfson, Adam)
May 19, 2015 Copy of #1701 Order mailed to Michael Narkin at 85391 Chezem Road, Eugene, OR 97405 on 5/19/2015. (K,K)
May 18, 2015 Filing 1698 Joint SEALED Motion to Dismiss Certain IPP Claims for Lack of Standing and for Summary Judgment #42 filed by FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company. Related document(s) #42 . (Attachments: #1 Brief in Support Brief in Support of Motion, #2 Index Index of Evidence in Support of Motion, #3 Exhibit A - Luenz Deposition Excerpts, #4 Exhibit B - Illinois Sleep Products Deposition Excerpts, #5 Exhibit C - Bemco Sleep Products Deposition Excerpts, #6 Exhibit D - Koltrun Deposition Excerpts, #7 Exhibit E - Podschun Deposition Excerpts, #8 Exhibit F - National Bedding Co., LLC d/b/a Serta Mattress Co. Deposition Excerpts, #9 Exhibit G - H.M. Richards, Inc. Deposition Excerpts)(Blinn, Meghan) Modified to remove duplicate text 5/19/2015 (K,K).
May 18, 2015 Filing 1697 Affidavit/Declaration of Adam S. Paris in Support of FXI's Motion for Summary Judgment on the Spring Air Plaintiffs' Claims and Motion to Exclude the Expert Opinions of Dr. Ashenfelter filed by FXI-Foamex Innovations, Inc.. Related document(s) #1696 . (Attachments: #1 Table of Contents of Unsealed Appendix Exhibits, #2 Unsealed Appendix Exhibits 12-15)(Paris, Adam)
May 18, 2015 Filing 1696 SEALED Motion: for Summary Judgment on the Spring Air Plaintiffs' Claims and Motion to Exclude the Expert Opinions of Dr. Ashenfelter filed by FXI-Foamex Innovations, Inc. Related document(s) #42 . (Attachments: #1 Brief in Support FXI's Motion for Summary Judgment on the Spring Air Plaintiffs' Claims and Motion to Exclude the Expert Opinions of Dr. Ashenfelter, #2 Declaration of Michael H. Steinberg re FXI's Sealed Appendix, #3 Table of Contents of Sealed Appendix Exhibits, #4 Sealed Appendix Exhibits 1-11, #5 Proposed Order re FXI's Motion for Summary Judgment, #6 Proposed Order re FXI's Motion to Exclude Expert Opinions of Dr. Ashenfelter)(Paris, Adam) Modified event/text 5/19/2015 (K,K).
May 18, 2015 Filing 1695 SEALED Motion to Exclude the Reports and Testimony of Dr. Russell L. Lamb filed by FFP Holdings, LLC, Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company. Related document(s) #42 . (Attachments: #1 Brief in Support, #2 Exhibit A - Deposition Transcript of Russell L. Lamb, Ph.D. , #3 Exhibit B - Economics Committee Newsletter, #4 Exhibit C - Art Van website)(McGuire, Matthew) Modified to add document descriptions 5/19/2015 (K,K).
May 18, 2015 Filing 1694 SEALED Motion to Decertify the Indirect Purchaser Plaintiff Class #42 filed by FFP Holdings, LLC, Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company. Related document(s) #42 . (Attachments: #1 Brief in Support, #2 Exhibit A - Deposition Transcript of Henry Johs, #3 Exhibit B - Deposition Transcript of Jonathan A. Rizzo, #4 Exhibit C - Deposition Transcript of Jeffrey S. Williams )(McGuire, Matthew) Modified to add exhibit descriptions 5/19/2015 (K,K).
May 18, 2015 Filing 1693 SEALED Motion and Joint Memorandum of Law in Support of Defendants' Joint Daubert and Summary Judgment Motion #42 filed by FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit 1 - April 2014 Ashenfelter Deposition, #2 Exhibit 2 - December 2014 Ashenfelter Deposition)(Love, Bradley)
May 18, 2015 Filing 1692 SEALED Motion: for Summary Judgment, Decertification of the Indirect Purchaser Class, and Exclusion of the Expert Opinions of Dr. Russell Lamb as to FXI filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 . (Attachments: #1 Brief in Support of FXI's Motion for Summary Judgment, Decertification of the Indirect Purchaser Class, and Exclusion of the Expert Opinions of Dr. Russell Lamb as to FXI, #2 Declaration of Michael H. Steinberg, #3 Exhibit A (Presentation), #4 Exhibit B (Map), #5 Exhibit C (Excerpts from FXI Memorandum), #6 Exhibit D (Excerpts from FXI Reply), #7 Exhibit E (Sale Order), #8 Exhibit F (Affidavit of Mailing), #9 Exhibit G (Notice of Sale), #10 Declaration of Daniel C. Dobratz, #11 Declaration of Bud Silvey, #12 Proposed Order)(Paris, Adam) Modified event 5/19/2015 (K,K).
May 18, 2015 Filing 1691 SEALED Motion in Support of Summary Judgment with respect to the Spring Air Plaintiffs Case #42 filed by MDL Notice Only Future Foam, Inc.. Related document(s) #42 . (Attachments: #1 Brief in Support)(Blinn, Meghan)
May 18, 2015 Filing 1690 SEALED Motion for Summary Judgment with respect to the Indirect Purchaser Plaintiffs Class Cases #42 filed by MDL Notice Only Future Foam, Inc.. Related document(s) #42 . (Attachments: #1 Brief in Support)(Blinn, Meghan)
May 18, 2015 Filing 1689 SEALED Motion for Partial Summary Judgment and Memorandum in Support filed by MDL Notice Only FFP Holdings, LLC. Related document(s) #42 . (Attachments: #1 Exhibit 1 - 6/24/04 Email York to Wahrmund, #2 Exhibit 4 - Excerpts from Terrill Deposition, #3 Exhibit 10 - Excerpts from Gardner Deposition, #4 Exhibit 11 - Simmons Deposition Exhibit 22, #5 Exhibit A - Excerpts from Crowell Deposition, #6 Exhibit B - Crowell Deposition Exhibit 6)(Raines, Alicia) Modified text 5/19/2015 (K,K).
May 18, 2015 Filing 1688 SEALED Motion to Decertify Indirect Purchaser Plaintiff Class or in the Alternative for Partial Summary Judgment with respect to the Vita Defendants #42 filed by Vitafoam Products Canada Limited, Vitafoam, Inc. Related document(s) #42 . (Attachments: #1 Brief in Support Memorandum of Law, #2 Appendix Declaration of Bruce McCulloch, #3 Index TOC of Exhibits to McCulloch Declaration, #4 Exhibit McCulloch 1, #5 Exhibit McCulloch 2, #6 Exhibit McCulloch 3, #7 Exhibit McCulloch 4, #8 Exhibit McCulloch 5, #9 Exhibit McCulloch 6, #10 Appendix Expert Report of Robert S. Maness, Ph.D., #11 Index TOC of Exhibits to Maness Report, #12 Exhibit Maness 1, #13 Exhibit Maness 2)(Coleman, Timothy) Modified text 5/19/2015 (K,K).
May 18, 2015 Filing 1687 SEALED Motion for Summary Judgment and Daubert Motion #42 filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) #42 . (Attachments: #1 Brief in Support of Woodbridge Daubert Motion and Motion for Summary Judgment, #2 Appendix Table of Contents, #3 Exhibit Deposition Transcript of Dr. Ashenfelter, #4 Exhibit Rebuttal Deposition Transcript of Dr. Ashenfelter)(France, Jamie)
May 18, 2015 Filing 1686 Motion Daubert Motion to Exclude the Report and Testimony of Earl J. Silbert and to Exclude the Limited Supplemental Expert Report of Peter R. Greenhalgh and Any Testimony Regarding its Subject Matter filed by Plaintiff Indirect Purchaser Class. (Miller, Marvin)
May 18, 2015 Opinion or Order Filing 1685 Order granting Motion to stay Indirect Purchaser Class case against Defendant Leggett & Platt, Inc. (Related Doc #1684 ). Signed by Judge Jack Zouhary (MDL2196) on 5/18/2015.(K,K)
May 18, 2015 Filing 1684 Joint Motion to stay Case Against Defendant Leggett & Platt, Incorporated filed by Plaintiff Indirect Purchaser Class, MDL Notice Only Leggett & Platt, Inc.. (Miller, Marvin)
May 18, 2015 Filing 1683 Motion To Exclude Report and Testimony of Mr. Greenhalgh filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. Related document(s) #1669 . (Wiechmann, Eric)
May 18, 2015 Filing 1682 Motion For the Court To Adopt Previous Daubert Rulings filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. Related document(s) #1674 . (Wiechmann, Eric)
May 18, 2015 Filing 1681 SEALED Motion to Exclude Certain Testimony of Dr. Orley Ashenfelter filed by MDL Notice Only Mohawk Industries, Inc. Related document(s) #42 . (Attachments: #1 Brief in Support of Mohawk's Motion to Exclude Certain Testimony of Dr. Orley Ashenfelter, #2 Exhibit A, Excerpt of April 23, 2014 Deposition of Dr. Orley Ashenfelter, #3 Exhibit B, March 19, 2014 Report of Dr. Orley Ashenfelter, #4 Exhibit C, June 30, 2014 Report of Dr. Orley Ashenfelter, #5 Exhibit D, Excerpt of December 11, 2014 Deposition of Dr. Orley Ashenfelter, #6 Exhibit E, Excerpt of January 24, 2014 Deposition of Albany Foam & Supply, Inc.)(Dowell, Matthew)
May 15, 2015 Filing 1680 SEALED Motion: to Strike FFP's Rebuttal Expert Report and Daubert Motion filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc. Related document(s) #42 , #1675 . (Blechman, William) Modified event 5/19/2015 (K,K).
May 14, 2015 Filing 1679 Notice of Service of Letter from Direct Purchaser Class Counsel to the Hon. Jack Zouhary, dated May 14, 2015 (Dkt. 1678) filed by Direct Purchaser Class. Related document(s) #1678 .(Wolfson, Adam)
May 14, 2015 Filing 1678 Letter from Direct Purchaser Class Counsel to Judge Zouhary filed by Direct Purchaser Class. (Wolfson, Adam)
May 13, 2015 Filing 1677 Joint Proposed Stipulation and Proposed Fifth Amended Pretrial Scheduling Order filed by Ford Motor Company. (Holt, Benjamin)
May 12, 2015 Filing 1676 SEALED Motion for Summary Judgment re Sealy Plaintiffs #42 filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) #42 . (Attachments: #1 Appendix Table of Contents, #2 Appendix Leffler Dep. Tr., #3 Appendix Leffler Rebuttal Dep. Tr., #4 Brief in Support Mem. ISO SJ)(France, Jamie)
May 12, 2015 Filing 1675 SEALED Motion and Memorandum in Support of FFP Holdings LLC's Daubert Motion and Motion for Partial Summary Judgment on Impact and Damages #42 filed by MDL Notice Only FFP Holdings, LLC. Related document(s) #42 . (Attachments: #1 Brief in Support of FFP's Daubert Motion and Motion for Partial Summary Judgment, #2 Exhibit 1 - McConnell Deposition Excerpts, #3 Exhibit 2 - Marvel Rebuttal Report and Exhibits (1 of 17), #4 Exhibit 2 - Marvel Rebuttal Report and Exhibits (2 of 17), #5 Exhibit 2 - Marvel Rebuttal Report and Exhibits (3 of 17), #6 Exhibit 2 - Marvel Rebuttal Report and Exhibits (4 of 17), #7 Exhibit 2 - Marvel Rebuttal Report and Exhibits (5 of 17), #8 Exhibit 2 - Marvel Rebuttal Report and Exhibits (6 of 17), #9 Exhibit 2 - Marvel Rebuttal Report and Exhibits (7 of 17), #10 Exhibit 2 - Marvel Rebuttal Report and Exhibits (8 of 17), #11 Exhibit 2 - Marvel Rebuttal Report and Exhibits (9 of 17), #12 Exhibit 2 - Marvel Rebuttal Report and Exhibits (10 of 17), #13 Exhibit 2 - Marvel Rebuttal Report and Exhibits (11 of 17), #14 Exhibit 2 - Marvel Rebuttal Report and Exhibits (12 of 17), #15 Exhibit 2 - Marvel Rebuttal Report and Exhibits (13 of 17), #16 Exhibit 2 - Marvel Rebuttal Report and Exhibits (14 of 17), #17 Exhibit 2 - Marvel Rebuttal Report and Exhibits (15 of 17), #18 Exhibit 2 - Marvel Rebuttal Report and Exhibits (16 of 17), #19 Exhibit 2 - Marvel Rebuttal Report and Exhibits (17 of 17), #20 Exhibit 3 - Chart of FFP Net Margins, #21 Exhibit 4 - Stepleton Deposition Excerpts, #22 Exhibit 5 - Leffler Deposition Excerpts, #23 Exhibit 6 - Lansing Deposition Excerpts, #24 Exhibit 7 - Briney Deposition Excerpts, #25 Exhibit 8 - Sharkey Deposition Excerpts, #26 Exhibit 9 - Chart of FFP Chemical PILs, #27 Exhibit 10 - FFP 5-7-2008 PIL, #28 Exhibit 11 - Graph of FFP and Other Prices to Serta, #29 Exhibit 12 - Graph of FFP Chemical Prices)(Love, Bradley). Modified to add SEALED Motion on 5/13/2015 (K,K).
May 12, 2015 Filing 1674 Sealy Plaintiffs' Motion for the Court to Adopt Previous Daubert Rulings filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc. (Blechman, William)
May 12, 2015 Filing 1673 SEALED Motion for Summary Judgment #42 filed by Future Foam, Inc. Related document(s) #42 . (Attachments: #1 Brief in Support of Summary Judgment)(Blinn, Meghan)
May 12, 2015 Filing 1672 Declaration of Adam S. Paris in Support of FXI's Motion for Summary Judgment on the Sealy Plaintiffs' Claims filed by FXI-Foamex Innovations, Inc.. Related document(s) #1670 . (Attachments: #1 Table of Contents of Unsealed Appendix Exhibits, #2 Unsealed Appendix Exhibits 1-7)(Paris, Adam)
May 12, 2015 Filing 1671 SEALED Motion and Memorandum of Law in Support of Summary Judgment that the Sealy Plaintiffs Lack Standing to Pursue an Antitrust Claim #42 filed by FFP Holdings, LLC, Future Foam, Inc.. Related document(s) #42 . (Attachments: #1 Index of Evidence, #2 Exhibit 1 - Marvel Rebuttal Report Exhibit, #3 Exhibit 2 - Freeman Deposition Excerpts, #4 Exhibit 3 - Freeman Dep Ex. 08, #5 Exhibit 4 - Freeman Dep Ex. 09, #6 Exhibit 5 - Freeman Dep Ex 10, #7 Exhibit 6 - Freeman Dep Ex. 13, #8 Exhibit 7 - Freeman Dep Ex. 16, #9 Exhibit 8 - Sharkey Deposition Excerpts, #10 Exhibit 9 - Sharkey Dep Ex. 14, #11 Exhibit 10 - Carroll Deposition Excerpts, #12 Exhibit 11 - Carroll Dep Ex. 06, #13 Exhibit 12 - Carroll Dep Ex. 09, #14 Exhibit 13 - Carroll Dep Ex. 11, #15 Exhibit 14 - Carroll Dep Ex. 14, #16 Exhibit 15 - McConnell Deposition Excerpts, #17 Exhibit 16 - McConnell Dep Ex. 07, #18 Exhibit 17 - Eames Deposition Excerpts, #19 Exhibit 18 - Bergman Deposition Excerpts, #20 Exhibit 19 - Bergman Dep Ex. 06, #21 Exhibit 20 - Sponsler Deposition Excerpts, #22 Exhibit 21 - Sponsler Dep Ex. 02, #23 Exhibit 22 - Leffler 4.25.14 Dep Excerpts, #24 Exhibit 23 - FMX000012199)(Blinn, Meghan)
May 12, 2015 Filing 1670 SEALED Motion:FXI's Motion for Summary Judgment on the Sealy Plaintiffs' Claims and Motion to Exclude the Testimony and Reports of Dr. Leffler filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 . (Attachments: #1 Brief in Support of FXI's Motion for Summary Judgment, #2 Brief in Support of FXI's Motion to Exclude Testimony and Reports of Dr. Leffler, #3 Declaration of Michael H. Steinberg re FXI's Sealed Appendix, #4 Table of Contents of Sealed Appendix Exhibits, #5 Sealed Appendix Exhibits 8-22, #6 Sealed Appendix Exhibits 23-37, #7 Proposed Order re FXI's Motion for Summary Judgment, #8 Proposed Order re FXI's Motion to Exclude Testimony and Reports of Dr. Leffler)(Paris, Adam)
May 12, 2015 Filing 1669 SEALED Motion:Sealy Plaintiffs' Motion to Exclude Report and Testimony of Mr. Greenhalgh filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit E-mail)(Blechman, William)
May 8, 2015 Opinion or Order Filing 1668 Marginal Entry Order granting Motion to stay case against Defendants Woodbridge Foam Corporation, Woodbridge Sales & Engineering, Inc., and Woodbridge Foam Fabricating, Inc. (Related Doc #1667 ). Signed by Judge Jack Zouhary (MDL2196) on 5/8/2015.(K,K)
May 8, 2015 Filing 1667 Joint Motion to stay Case Against Defendants Woodbridge Foam Corporation, Woodbridge Sales & Engineering, Inc., and Woodbridge Foam Fabricating, Inc. filed by Plaintiff Indirect Purchaser Class, Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Miller, Marvin)
May 7, 2015 Opinion or Order Filing 1666 Order re: Summary Judgment and Daubert Briefing Schedule. Defendants' motions for summary judgment and Daubert motions as to the Sealy Plaintiffs are now due no later than 5/12/2015; Plaintiffs' opposition is due no later than 6/9/2015; Defendants' replies in support of the motions are due no later than 6/23/2015. No further extensions of pretrial briefing deadlines in the August trial cases absent compelling circumstances. Judge Jack Zouhary (MDL2196) on 5/7/2015. (D,L)
May 7, 2015 Opinion or Order Filing 1665 Order re: staying Spring Air Plaintiffs' actions as to Leggett & Platt, Incorporated. Related document #1664 . Signed by Judge Jack Zouhary (MDL2196) on 5/7/2015. (K,K)
May 6, 2015 Filing 1664 Proposed Stipulation re: staying actions as to Leggett & Platt, Incorporated filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., E&E Bedding Company, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Leggett & Platt, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (Attachments: #1 Proposed Order Re: Staying Actions as to Leggett & Platt, Incorporated)(Novion, Laurie) Modified text 5/7/2015 (K,K).
May 6, 2015 Filing 1663 Acknowledgment from the USCA for Sixth Circuit of receipt of #1620 Notice of Appeal (USCA# 15-3481). Date filed in USCA 5/5/15 (Related document(s) #1657 )(H,SP)
May 5, 2015 Opinion or Order Filing 1662 Order approving #1661 Stipulation and Order to Extend Deadlines for Briefing of Standing, Class Decertification, Summary Judgment, and Daubert Motions in the IPP Case. Signed by Judge Jack Zouhary (MDL2196) on 5/5/2015. (K,K)
May 5, 2015 Filing 1661 Joint Proposed Stipulation and Order to Extend Deadlines for Briefing of Standing, Class Decertification, Summary Judgment, and Daubert Motions in the IPP Case filed by Carpenter Company, FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
May 1, 2015 Filing 1660 Direct Action Plaintiffs LaCrosse Furniture Co. and CAP Carpet, Inc.'s Confirmation of Stipulations Agreed Upon During April 24, 2015 Telephone Conference filed by CAP Carpet, Inc., LaCrosse Furniture Company. (Beil, William)
May 1, 2015 Opinion or Order Filing 1659 Order denying Motion for reconsideration Related Doc #1649 and granting in part #1653 Motion to Extend Certain Pretrial Deadlines. Motions for summary judgment and Daubert motions as to the Spring Air Plaintiffs are due Monday, May 18, 2015; oppositions due Monday, June 15, 2015; replies due Monday, June 29, 2015. Parties will adhere to the page limitations set forth in Doc. #1645 . Signed by Judge Jack Zouhary (MDL2196) on 5/1/2015.(K,K)
May 1, 2015 Opinion or Order Filing 1658 Order Motion (Doc. #1633 ) is conditionally granted. Before this Court will issue an Order suggesting remand to the JPML, the Kansas Plaintiffs will confirm through a filing in this Court the stipulations agreed upon during the April 24 phone conference: that the Kansas Plaintiffs will not (1) offer Tammy Jacovides' testimony in their cases, and (2) press for a trial date in the District of Kansas earlier than Spring 2016. Signed by Judge Jack Zouhary (MDL2196) on 5/1/2015.(K,K)
May 1, 2015 Filing 1657 Appeal Order from USCA for the Federal Circuit: The motion to dismiss is denied. The appeal and all other pending motions are transferred, pursuant5 to 28 U.S.C. 1631, to the United States Court of Appeals for the Sixth Circuit re #1620 Notice of Appeal (USCA# 15-1497). Circuit Judges: Prost, Reyna and Wallach. Date issued by USCA 5/1/15 (H,SP)
May 1, 2015 Opinion or Order Filing 1656 Marginal Entry Order granting Motion to stay case against Defendant Mohawk Industries, Inc. (Related Doc #1654 ). Signed by Judge Jack Zouhary (MDL2196) on 5/1/2015.(K,K)
May 1, 2015 Opinion or Order Filing 1655 Order granting Motion to Dismiss Direct Purchaser Class's claims against David Carson and Louis Carson (Related Doc #1652 ). Judge Jack Zouhary (MDL2196) on 5/1/2015.(K,K)
May 1, 2015 Filing 1654 Motion to stay Case Against Defendant Mohawk Industries, Inc. filed by Plaintiff Indirect Purchaser Class. (Miller, Marvin)
April 30, 2015 Filing 1653 Consent Motion for extension of Select Pre-Trial Briefing Deadlines until May 22, 2015 or two weeks following the Court's resolution of the Spring Air Plaintiffs' motion to reconsider the consolidation ruling filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., FXI-Foamex Innovations, Inc., Fraenkel Company, Future Foam, Inc., Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
April 30, 2015 Filing 1652 Unopposed Motion to dismiss Direct Purchaser Class Claims against Louis Carson and David Caron under FED. R. CIV. P. 41(A)(2) filed by Plaintiff Direct Purchaser Class. (Attachments: #1 Proposed Order)(Felder, Melissa) Modified to remove caps 5/1/2015 (K,K).
April 30, 2015 Filing 1651 Opposition to #1649 Motion for reconsideration of Court's Order Granting FFP Holdings' Motion to Consolidate the Sealy and Spring Air Plaintiffs' Trials in August of 2015 and #1650 Sealy Plaintiffs' Memorandum in Support of Same filed by FFP Holdings, LLC. (Love, Bradley)
April 29, 2015 Filing 1650 Response to #1649 Motion for reconsideration of Court's Order Granting FFP Holdings' Motion to Consolidate the Sealy and Spring Air Plaintiffs' Trials in August of 2015 Memorandum in Support filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Randall, Samuel)
April 28, 2015 Filing 1649 Motion for reconsideration of Court's Order Granting FFP Holdings' Motion to Consolidate the Sealy and Spring Air Plaintiffs' Trials in August of 2015 filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. Related document(s) #1645 , #1638 . (Attachments: #1 Brief in Support of Motion for Reconsideration, #2 Affidavit of Eric Watt Wiechmann)(Regan, James)
April 27, 2015 Filing 1648 SEALED Document:Notice of Filing Expert Report and Expert Rebuttal Report of Orly Ashenfelter filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. Related document(s) #1645 , #42 . (Attachments: #1 Ashenfelter Merits Reports, #2 Ashenfelter Rebuttal Report, #3 Ashenfelter Rebuttal Errata and Tables)(Wiechmann, Eric)
April 27, 2015 Filing 1647 SEALED Document:Notice of Filing and Certificate of Service filed by Indirect Purchaser Class. Related document(s) #42 . (Attachments: #1 Affidavit Trial Declaration of Russell Lamb 3/18/2014, #2 Appendix Appendices to Trial Declaration of Russell Lamb 3/18/2014, #3 Affidavit Trial Reply Declaration of Russell Lamb 6/30/2014, #4 Appendix Appendices to Trial Reply Declaration of Russell Lamb 6/30/2014)(Miller, Marvin)
April 24, 2015 Filing 1646 SEALED Document:Notice of Filing Expert Report and Expert Rebuttal Report of Keith B. Leffler, Ph.D. filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. Related document(s) #42 , #1645 . (Attachments: #1 Exhibit Leffler Expert Report and Technical Appendix, #2 Exhibit Errata to Leffler Expert Report and Technical Appendix, #3 Exhibit Leffler Expert Rebuttal Report)(Blechman, William)
April 23, 2015 Opinion or Order Filing 1645 Order re: Consolidation, Transfer, and Schedule. This Court denies the Spring Air Plaintiffs' Motion to change/transfer venue (Related Doc #1631 ) and grants FFP Holding, LLC's cross-Motion for consolidation of the Sealy and Spring Air Plaintiffs for trial in this court (Related Doc #1638 ). Trial for Sealy and Spring Air set to begin August 18, 2015. Trial will begin in the Indirect Purchaser Class case in late October, with a pretrial conference that will be set later. Signed by Judge Jack Zouhary (MDL2196) on 4/23/2015.(K,K)
April 21, 2015 Filing 1644 Opposition to #1638 Motion to Consolidate Spring Air and Sealy Trials filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (Wiechmann, Eric)
April 21, 2015 Filing 1643 SEALED Document:Sealy Plaintiffs' Memorandum in Opposition to Defendant FFP's Motion to Consolidate Cases filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. Related document(s) #1628 , #1638 . (Blechman, William)
April 21, 2015 Filing 1642 SEALED Document:Opposition to Cross-Motion to Consolidate Spring Air and Sealy Trials (Related Doc # 1638) filed by FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit A (Englander Mid-Atlantic 30(b)(6) Dep.))(Paris, Adam)
April 20, 2015 Filing 1641 Reply in support of #1633 Motion to remand case & Memorandum in Support of Direct Action Plaintiffs LaCrosse Furniture Co. and CAP Carpet, Inc.'s Motion for Remand filed by CAP Carpet, Inc., LaCrosse Furniture Company. (Beil, William)
April 20, 2015 Opinion or Order Filing 1640 Marginal Entry Order granting Motion for leave to File Reply Brief in Support of Motion for Remand (Related Doc #1639 ). Signed by Judge Jack Zouhary (MDL2196) on 4/20/2015.(K,K)
April 20, 2015 Filing 1639 Motion for leave to File Reply Brief in Support of Motion for Remand filed by CAP Carpet, Inc., LaCrosse Furniture Company. (Attachments: #1 Exhibit A - [Proposed] Reply in Support)(Beil, William)
April 13, 2015 Filing 1638 Opposition to #1631 Motion to change/transfer venue and Cross-Motion to Consolidate Spring Air and Sealy Trials filed by FFP Holdings, LLC. (Schroeder, Caitlin)
April 13, 2015 Filing 1637 Opposition to #1631 Motion to change/transfer venue filed by FFP Holdings, LLC, Foam Ex Innovations, Inc., Future Foam, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
April 13, 2015 Filing 1636 Certain Defendants' Opposition to Direct Action Plaintiffs Lacross Furniture Co. and CAP Carpet, Inc.'s Motion for Remand filed by FFP Holdings, LLC, Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) #1633 . (Novion, Laurie) Modified text 4/14/2015 (K,K).
April 10, 2015 Filing 1635 Transcript of Approval of Class Settlement held on April 2, 2015 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Bruce A. Matthews at (216) 357-7207. [10 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 4/17/2015. Redaction Request due 5/1/2015. Redacted Transcript Deadline set for 5/11/2015. Release of Transcript Restriction set for 7/9/2015. Related document(s) #1629 . (M,Br)
April 8, 2015 Opinion or Order Filing 1634 Order re: Indirect Purchaser Class Settlement. Signed by Judge Jack Zouhary (MDL2196) on 4/8/2015. (Attachments: #1 Exhibit A to Order re: Indirect Purchaser Class Settlement)(K,K)
April 6, 2015 Filing 1633 Motion to remand case & Memorandum in Support of Direct Action Plaintiffs LaCrosse Furniture Co. and CAP Carpet, Inc.'s Motion for Remand filed by CAP Carpet, Inc., LaCrosse Furniture Company. (Attachments: #1 Brief in Support)(Beil, William)
April 6, 2015 Filing 1632 Duplicate Filing - see document #1633 . Motion to remand case filed by CAP Carpet, Inc., LaCrosse Furniture Company. (Beil, William) Modified to term duplicate motion; notice regenerated 4/7/2015 (K,K).
April 6, 2015 Filing 1631 Motion to change/transfer venue filed by Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Sleep Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc.. (Attachments: #1 Attachment A)(Wiechmann, Eric)
April 6, 2015 Filing 1630 Duplicate Filing - see document #1631 . Motion to change/transfer venue filed by Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC. (Attachments: #1 Attachment A)(Wiechmann, Eric) Modified to term duplicate motion; notice regenerated 4/7/2015 (K,K).
April 6, 2015 Filing 1629 Non-Appeal Transcript Order Form for proceedings held on 4/2/2015 before Judge Zouhary, Court Reporter: Bruce Matthews. Requested completion date: 5/6/2015 filed by Leggett & Platt, Inc.. (Warncke, Daniel)
April 3, 2015 Opinion or Order Order (non-document) On April 2, 2015, this Court held a record fairness hearing (court reporter: Bruce Matthews) to consider the Indirect Purchaser Class Plaintiffs' Motion for Final Approval of Settlement with Domfoam International, Inc., Valle Foam Indus. (1995) Inc., A-Z Sponge & Foam Products Ltd., and Certain Individuals (Docs. #1622 ). Counsel present: Marvin Miller and Rick Kerger for the Indirect Purchaser Class Plaintiffs; James Ehrman for the Settling Defendants. For the reasons stated on the record, this Court granted the Motion. Class counsel shall submit proposed Judgment Entries pursuant to Settlement Agreement. Judge Jack Zouhary(MDL2196). (Time: 30 minutes) (K,K)
March 31, 2015 Opinion or Order Filing 1628 Order re: March 30 Phone Conference. By Friday, April 10, 2015 counsel for the Sealy Plaintiffs and Defendants will meet and confer and then submit a joint proposed pretrial schedule, working backwards from an approximate trial start date of mid August 2015. Likewise, by Friday, April 10, 2015, the Indirect Purchaser Class and Defendants shall meet and confer and jointly submit a proposed pretrial schedule, working backwards from an approximate trial start date of mid-October 2015. By Monday, April 6, 2015, Direct Action (non-Class) Plaintiffs CAP Carpet, Inc. and Lacrosse Furniture Co. shall file their joint motion to remand to the District of Kansas. Also by Monday, April 6, 2015, the Direct Action (non-Class) Spring Air and Englander Plaintiffs shall file their renewed joint motion to transfer venue to the Northern District of Mississippi (see Doc. #1233 ). Defendants may oppose those motions by Monday, April 13, 2015. Direct Action (non-Class) Plaintiff Ford Motor Co. and Defendants shall submit revised deadlines for completion of discovery. Signed by Judge Jack Zouhary (MDL2196) on 3/31/2015. (K,K)
March 27, 2015 Filing 1627 American Leather Correspondence dated March 26, 2015. (D,L)
March 26, 2015 Filing 1626 Acknowledgment from the USCA for the Federal Circuit of receipt of #1620 Notice of Appeal (USCA# 15-1497). Date entered in the Federal Circuit 3/26/15. (H,SP)
March 25, 2015 Opinion or Order Order (non-document) Fairness hearing on the Indirect Purchaser Class Plaintiffs' Motion for Final Approval of Settlement with Domfoam Int'l, Inc., Valle Foam Indus.(1995) Inc., and A-Z Sponge & Foam Products Ltd. and Certain Individuals (Docs. #1118 , #1384 , #1418 at 13-15, #1622 ) is set for 4/2/2015 at 10:00 AM in Courtroom 16B (Cleveland Courthouse) before Judge Jack Zouhary. (K,K) Modified text; notice regenerated 3/25/2015 (K,K).
March 24, 2015 Opinion or Order Filing 1625 Order In light of recent settlements (see Doc. #1624 ), this Court denies without prejudice all pending motions in the now-stayed Direct Purchaser Class case -- specifically, Docs. #1546 and #1602 . This Court vacates all previously scheduled hearings and the February 24, 2015 Order temporarily staying certain cases pending the Direct Purchaser Class trial (see Doc. #1526 ). This Court will hold a record phone conference on Monday, March 30, 2015 at 2:00 p.m. (EDT) to discuss next steps in this multidistrict litigation. Counsel should call the district court conference line at that time. By Friday, March 27, 2015, counsel should submit to Chambers (1) a roll call and (2) proposed agenda items for the call.This Court encourages remaining parties to meet and confer prior to the phone call regarding further case schedules. Signed by Judge Jack Zouhary (MDL2196) on 3/24/2015. (K,K)
March 24, 2015 Opinion or Order Filing 1624 Order This Court grants the joint requests to stay Direct Purchaser Class proceedings against Defendants -- (1) FFP Holdings, LLC, (2) Future Foam, Inc., (3) Mohawk Industries, Inc., and (4) WoodbridgeFoam Corp., Woodbridge Sales & Engineering, Inc., and Woodbridge Foam Fabricating, Inc. -- pending action by this Court on a motion to approve each settlement. The Direct Purchaser Class case against these Defendants is stayed until further order of this Court. Nothing in this Order stays any other actions in this MDL proceeding against any of these Defendants. Signed by Judge Jack Zouhary (MDL2196) on 3/24/2015. (K,K)
March 20, 2015 Filing 1623 SEALED Document:The Direct Purchaser Class' Opposition to Defendants' Motion for Judgment as to All Direct Purchaser Plaintiffs Whose Purchases Are Associated Solely With Negative Impact Coefficients filed by Direct Purchaser Class. Related document(s) #42 , #1546 . (Attachments: #1 Affidavit of Jeffrey J. Leitzinger, Ph.D.)(Wolfson, Adam)
March 20, 2015 Filing 1622 Affidavit/Declaration of Eric J. Miller on Behalf of A.B. Data, Ltd. Regarding Notice of Pendency of Class Action filed by Indirect Purchaser Class. (Attachments: #1 Brief in Support)(Miller, Marvin)
March 20, 2015 Filing 1621 Opposition to #1546 Defendants' SEALED Motion For Judgment As To All Direct Purchaser Plaintiffs Whose Purchases Are Associated Solely With Negative Impact Coefficients filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc. Related document #42 . (Attachments: #1 Exhibit 1)(Patton, Douglas)
March 20, 2015 Filing 1620 NOTICE OF APPEAL to the U.S. Court of Appeals for the Sixth Circuit from the #1534 Memorandum Opinion and Order of 2/26/15, filed by Michael Narkin. Filing fee not paid (H,JD). Modified text on 3/20/2015 (H,SP). Modified on 5/1/2015 to note, appeal transferred to the Sixth Circuit by the Federal Circuit, see order #1657 (H,SP).
March 20, 2015 Filing 1619 Notice of Appearance of Rebecca A. Marron on behalf of Defendant Future Foam, Inc. filed by Future Foam, Inc.. (Blinn, Meghan)
March 20, 2015 Filing 1618 Letter Advising Court of Attendance at Trial filed by Vitafoam Products Canada Limited, Vitafoam, Inc.. (Gilmer, Robert)
March 20, 2015 Filing 1617 Notice of Apperance of Edward M. Fox on behalf of Defendant Future Foam, Inc. filed by Future Foam, Inc.. (Blinn, Meghan)
March 20, 2015 Filing 1616 Stipulation & Order re: Trial approving #1611 Proposed Trial Order Stipulation. Judge Jack Zouhary (MDL2196) on 3/20/2015. (D,L)
March 19, 2015 Filing 1615 Letter Advising Court of Attendance at Trial filed by Factory Direct Inc. (Elder, David)
March 19, 2015 Filing 1614 SEALED Document:Letter to Judge Zouhary re Zadik Affidavit and Guay Information filed by Future Foam, Inc.. Related document(s) #42 , #1585 , #1552 . (Attachments: #1 Exhibit Guay Information)(Passarelli, John)
March 19, 2015 Filing 1613 Subpoena Returned Executed; served upon Louis Carson by Personal Service on 3-17-2015 filed on behalf of Direct Purchaser Class (Wicklund, David)
March 19, 2015 IMPORTANT: Notice [non-document]. The Final Pretrial Telephone Conference will now be held on 3/25/2015 at 11:00 AM EDT (NOT 2:00 PM) before Judge Jack Zouhary (MDL2196). (D,L)
March 18, 2015 Filing 1612 Attorney Appearance of Erin E. Meyer by Kendall Millard filed by on behalf of FFP Holdings, LLC. (Millard, Kendall)
March 18, 2015 Filing 1611 Proposed Trial Order Stipulation filed by Direct Purchaser Class. (Wolfson, Adam) Modified text 3/18/2015 (K,K).
March 18, 2015 IMPORTANT: Notice [non-document]. Due to a conflict, the Final Pretrial Telephone Conference is now set for 3/25/2015 (NOT 3/24/2015) at 2:00 PM before Judge Jack Zouhary (MDL2196). (D,L)
March 17, 2015 Filing 1610 Objection Submission of Evidentiary Objections/Motion to Exclude filed by FFP Holdings, LLC, Future Foam, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: #1 Exhibit 1 Defendants' Objections to DPPs' Exhibit List) (Pollack-Milgate, Deborah)
March 17, 2015 Filing 1609 Exhibit List filed by Future Foam, Inc.. (Attachments: #1 Exhibit A - Future Foam, Inc. Trial Exhibit List)(Blinn, Meghan)
March 17, 2015 Filing 1608 Exhibit List filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: #1 Appendix Exhibit List)(France, Jamie)
March 17, 2015 Filing 1607 Objection to Defendants' Exhibit Lists filed by Direct Purchaser Class. (Attachments: #1 Exhibit 1 (Objections to Future Foam's Exhibit List), #2 Exhibit 2 (Objections to Flexible Foam's Exhibit List), #3 Exhibit 3 (Objections to Woodbridge's Exhibit List), #4 Exhibit 4 (Objections to Mohawk's Exhibit List), #5 Exhibit 5 (Key to Objections)) (Wolfson, Adam)
March 17, 2015 Filing 1606 SEALED Document:Notice of Filing Trial Exhibit List filed by Mohawk Industries, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit A, Mohawk Industries, Inc.'s Trial Exhibit List)(Dowell, Matthew)
March 17, 2015 Filing 1605 Exhibit List filed by FFP Holdings, LLC. (Attachments: #1 Exhibit 1 - FFP Holdings, LLC's Trial Exhibit List)(Schroeder, Caitlin)
March 17, 2015 Filing 1604 Exhibit List filed by Direct Purchaser Class. (Attachments: #1 Exhibit A)(Wolfson, Adam)
March 17, 2015 Filing 1603 Notice of Filing filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Blechman, William)
March 17, 2015 Filing 1602 Motion in limine to Preclude Plaintiffs' Summary Exhibits 1-28 From Being Treated as Substantive Evidence Under Fed. R. Evid. 1006 filed by FFP Holdings, LLC, Future Foam, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: #1 Exhibit A (Summary Exhibit 13 - Timeline December 2004-May 2005), #2 Exhibit B (Summary Exhibit 16 - Timeline December 2005-June 2006), #3 Exhibit C (Summary Exhibit 18 - Timeline December 2006-July 2007), #4 Exhibit D (Summary Exhibit 27 - Timeline April 2010-July 2010), #5 Exhibit E (Chivers Brief))(Dowell, Matthew)
March 17, 2015 Filing 1601 Letter Regarding Trial Attendance filed by American Bedding Company Inc, Diamond Mattress Company, Park Place Corporation, Rest Master Bedding Company. (Eddy, David)
March 16, 2015 Opinion or Order Filing 1600 Order approving disbursement re: #1591 Proposed Billing Statement (February 1 - March 13). Judge Jack Zouhary (MDL2196) on 3/16/2015. (D,L)
March 16, 2015 Filing 1599 Letter re: Trial Attendance filed by CAP Carpet, Inc., LaCrosse Furniture Company. (Boulware, Brandon)
March 16, 2015 Filing 1598 Stipulation & Order approving #1587 Proposed Stipulation Regarding Certain Witnesses' Availability for Live Testimony at Trial. Judge Jack Zouhary (MDL2196) on 3/16/2015. (D,L)
March 16, 2015 Filing 1597 Letter re Trial Attendance filed by Alaco, Inc., Belden Foam & Fiber, Inc., Comfort Mattress Co., Inc., Corinthian, Inc., Corsicana Beddings, Inc., Family Home Furnishings, LLC, Foamco Sales, Inc., Foamcraft, Inc., H.M. Richards, Inc., Henson Sleep Relief, Inc., Houston Foam Fabricators, Inc., Life Style Furniture Company, Inc., Mount Vernon Foam Sales, Inc., Professional Foam Fabricators, Inc., Somnus Mattress Corporation, The Bedding Group, Inc., Tupelo Foam Sales, Inc., Ultra Comfort Foam Company, Inc., Winco Bedding USA, LLC. (Deas, W.)
March 15, 2015 Filing 1596 Cross Notice to take Deposition of Michael Lansing on March 18, 2015 filed by Direct Purchaser Class. (Wolfson, Adam)
March 13, 2015 Filing 1595 SEALED Transcript of Deposition of Athena Nicolaou held on March 3, 2015 before Judge Jack Zouhary. Court Reporter: Angela Nixon. [86 pages] (N,A)
March 13, 2015 Filing 1594 Transcript of Pre-trial held on March 4, 2015 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [134 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/20/2015. Redaction Request due 4/3/2015. Redacted Transcript Deadline set for 4/13/2015. Release of Transcript Restriction set for 6/11/2015. (N,A)
March 13, 2015 Filing 1593 Joint Notice of Position Statements on Proposed Verdict Forms filed by Direct Purchaser Class, FFP Holdings, LLC, Future Foam, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) #1545 .(France, Jamie)
March 13, 2015 Filing 1592 Corrected Order re: Defendants' Motions in Limine (Docs. #1501 & #1519 ). This Court grants the Carpenter Defendants' Federal Civil Rule 60(a) letter request. This Court's prior Order #1557 is hereby amended (see attached Order). Judge Jack Zouhary (MDL2196) on 3/13/2015. (D,L)
March 13, 2015 Filing 1591 Proposed Order Summary Billing Statement for February 1, 2015 to March 13, 2015 relating to docket #1590 filed on March 13, 2015 filed by David Rosenblum Cohen. (Cohen, David)
March 13, 2015 Filing 1589 Judgment Entry dismissing Leggett & Platt. Related document #1354 . Signed by Judge Jack Zouhary (MDL2196) on 3/13/2015. (K,K)
March 13, 2015 Filing 1588 Judgment Entry dismissing Carpenter Defendants. Related document #1534 . Signed by Judge Jack Zouhary (MDL2196) on 3/13/2015. (K,K)
March 12, 2015 Filing 1587 Proposed Stipulation Regarding Certain Witnesses' Availability for Live Testimony at Trial filed by Direct Purchaser Class. (Wolfson, Adam)
March 12, 2015 Filing 1586 Letter re Trial Attendance filed by Indirect Purchaser Class. (Kerger, Richard)
March 11, 2015 Filing 1585 SEALED Document:Letter to Judge Zouhary re Transcripts of Schneider Phone Calls filed by Direct Purchaser Class. Related document(s) #42 . (Wolfson, Adam)
March 11, 2015 Filing 1584 Witness List filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
March 11, 2015 Filing 1583 Witness List filed by Future Foam, Inc.. (Blinn, Meghan)
March 10, 2015 Filing 1582 Witness List filed by FFP Holdings, LLC. (Raines, Alicia)
March 10, 2015 Filing 1581 Proposed Witness List filed by Mohawk Industries, Inc.. Related document(s) #1482 . (Dowell, Matthew)
March 10, 2015 Filing 1580 Witness List filed by Direct Purchaser Class. (Wolfson, Adam)
March 10, 2015 Filing 1579 Notice to take Deposition of Michael Lansing on March 18, 2015 filed by FFP Holdings, LLC. (Millard, Kendall)
March 10, 2015 Opinion or Order Filing 1578 Order staying case against Defendant Hickory Springs Manufacturing Company. Related document #1577 . Signed by Judge Jack Zouhary (MDL2196) on 3/10/2015. (K,K)
March 9, 2015 Filing 1577 Proposed Order Staying case against Defendant filed by Hickory Springs Manufacturing Company. (McGuire, Matthew) Modified to remove caps 3/10/2015 (K,K).
March 9, 2015 Filing 1576 Notice of Appearance of Antonia Stamenova-Dancheva, Janet Y. Galeria and Adam K. Magid filed by FXI-Foamex Innovations, Inc.. (Paris, Adam)
March 9, 2015 Filing 1575 Joint Notice of Redline and Correction to Proposed Jury Instructions filed by Direct Purchaser Class, FFP Holdings, LLC, Future Foam, Inc., Hickory Springs Manufacturing Company, Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: #1 Exhibit 1)Related document(s) #1544 .(France, Jamie)
March 9, 2015 Filing 1574 Stipulation & Order approving #1555 Joint Proposed Stipulation and Proposed Order Regarding FFP and DPP Live Testimony at Trial and DPP's Motion in Limine No. 1. Judge Jack Zouhary (MDL2196) on 3/9/2015. (D,L)
March 7, 2015 Filing 1573 SEALED Transcript of Deposition of Tammy Jacovides held on March 3, 2015 before Judge Jack Zouhary. Court Reporter: Angela Nixon. [174 pages] (N,A)
March 6, 2015 Filing 1572 SEALED Document:Letter to Judge Zouhary re Motion in Limine to Exclude DOJ Search Warrant filed by Mohawk Industries, Inc.. Related document(s) #42 . (Dowell, Matthew)
March 6, 2015 Filing 1571 Expedited Non-Appeal Transcript Order Form for proceedings held on March 4, 2015 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: March 10, 2015 filed by FXI-Foamex Innovations, Inc.. (Steinberg, Michael)
March 6, 2015 Filing 1570 Non-Appeal Transcript Order Form for proceedings held on 03/04/2015 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 03/13/2015 filed by Indirect Purchaser Class. (Kerger, Richard)
March 6, 2015 Filing 1569 Amended Notice to take Deposition of Sherry Austin on March 17, 2015 at 9:00 am C.S.T. filed by Direct Purchaser Class. (Wolfson, Adam)
March 6, 2015 Filing 1568 Amended Notice to take Deposition of John McAvoy on March 16, 2015 at 9:00 am C.S.T. filed by Direct Purchaser Class. (Wolfson, Adam)
March 6, 2015 Filing 1567 Notice to take Deposition of Tim Akins on March 11, 2015 at 9:00 am C.S.T. filed by Direct Purchaser Class. (Wolfson, Adam)
March 6, 2015 Filing 1566 Notice to take Deposition of Sherry Austin on March 16, 2015 at 9:00 am C.S.T. filed by Direct Purchaser Class. (Wolfson, Adam)
March 6, 2015 Filing 1565 Notice to take Deposition of Kent Goodman on March 11, 2015 at 9:00 am E.S.T. filed by Direct Purchaser Class. (Wolfson, Adam)
March 6, 2015 Filing 1564 Notice to take Deposition of John Stepleton on March 10, 2015 at 10:00 am C.S.T. filed by Direct Purchaser Class. (Wolfson, Adam)
March 6, 2015 Filing 1563 Notice to take Deposition of John McAvoy on March 17, 2015 at 9:00 am C.S.T. filed by Direct Purchaser Class. (Wolfson, Adam)
March 6, 2015 Filing 1562 Notice to take Deposition of Jay Plummer on March 11, 2015 at 1:00 PM C.S.T. filed by Direct Purchaser Class. (Wolfson, Adam)
March 6, 2015 Filing 1561 Notice to take Deposition of Hugh Sloan on March 19, 2015 at 9:00 am E.S.T. filed by Direct Purchaser Class. (Wolfson, Adam)
March 6, 2015 Filing 1560 Notice to take Deposition of Bill Ritinski on March 13, 2015 at 1:00 pm E.S.T. filed by Direct Purchaser Class. (Wolfson, Adam)
March 6, 2015 Filing 1559 Notice to take Deposition of Bill Berardi on March 13, 2015 at 9:00 am E.S.T. filed by Direct Purchaser Class. (Wolfson, Adam)
March 6, 2015 Filing 1558 Trial Order re: Time Limits. Voir Dire is set for 3/31/2015 at 9:00 AM with Jury Trial to follow until concluded. This Court is placing all parties on the clock, allocating to each side a maximum of 4,680 minutes in trial -- a total of 24 trial days for both liability and damages. Opening statements and closing arguments will not be charged to the clock. This Court limits each Defendant to 40 minutes and Plaintiffs to 100 minutes for opening statements. See order for details. Final Pretrial Telephone Conference (if needed by Court or counsel) is set for Tuesday, 3/24/2015 at 2:00 PM. Judge Jack Zouhary (MDL2196) on 3/6/2015. (D,L)
March 6, 2015 Opinion or Order Filing 1557 Order re: Defendants' Motions in Limine (Docs. #1501 & #1519 ). See Order for details. Judge Jack Zouhary(MDL2196) on 3/6/2015.(D,L)
March 6, 2015 Opinion or Order Filing 1556 Order re: Plaintiffs' Motions in Limine (Docs. #1500 , #1509 & #1520 ). See Order for details. Judge Jack Zouhary(MDL2196) on 3/6/2015.(D,L)
March 6, 2015 Filing 1555 Joint Proposed Stipulation and Proposed Order Regarding FFP and DPP Live Testimony at Trial and DPP's Motion in Limine No. 1 filed by Direct Purchaser Class. (Wolfson, Adam)
March 6, 2015 Opinion or Order Filing 1554 Order re: March 4 Hearing. JERS submission due 3/17/2015. Parties will submit the names and roles of those who will be in the courtroom regularly (identifying by name, title and location in the courtroom) during trial by close of business on 3/9/2015. See Order for other details. Judge Jack Zouhary (MDL2196) on 3/6/2016. (2 hrs, 30 mins)(D,L)
March 6, 2015 Filing 1553 SEALED Document:Letter to Judge Zouhary re Plaintiffs' Motion to Exclude the Testimony of Earl Silbert filed by Future Foam, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit 1-Excerpt from Earl Silbert 6/6/14 Deposition)(Passarelli, John)
March 6, 2015 Filing 1552 SEALED Document:Letter to Judge Zouhary re Future Foam's Motion in Limine to Exclude DOJ Search Warrants and Schneider/Farah Transcripts filed by Future Foam, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit 1-Excerpt from Bruce Schneider 5/22/14 Deposition, #2 Exhibit 2-Affidavit of Crecentia Zadik)(Passarelli, John)
March 6, 2015 Filing 1551 Expedited Non-Appeal Transcript Order Form for proceedings held on March 4, 2015 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: March 11, 2015 filed by Future Foam, Inc.. (Passarelli, John)
March 6, 2015 Filing 1550 Expedited Non-Appeal Transcript Order Form for proceedings held on March 3, 2015 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: March 10, 2015 filed by Future Foam, Inc.. (Passarelli, John)
March 5, 2015 Filing 1549 Joint SEALED Document:Notice of Position Statements and Record Excerpts Regarding Dr. Leitzinger's "Mohawk Incentive" Opinions filed by Direct Purchaser Class. Related document(s) #42 . (Attachments: #1 Exhibit A (Direct Purchaser Class Position Statement and Record Exhibits), #2 Exhibit B (Mohawk Position Statement and Record Exhibits))(Wolfson, Adam)
March 5, 2015 Filing 1548 SEALED Document:Notice of Fifth Amendment Witness Deposition Excerpts filed by FFP Holdings, LLC. Related document(s) #42 . (Attachments: #1 Exhibit 1 - Moeller Deposition, #2 Exhibit 2 - Whitling Deposition Excerpts, #3 Exhibit 3 - Crowell Deposition Excerpts, #4 Exhibit 4 - Briney Deposition Excerpts, #5 Exhibit 5 - DPP Trial Ex. 15, #6 Exhibit 6 - DPP Trial Ex. 168, #7 Exhibit 7 - DPP Trial Ex.217, #8 Exhibit 8 - DPP Trial Ex.22, #9 Exhibit 9 - DPP Trial Ex. 269, #10 Exhibit 10 - DPP Trial Ex. 347, #11 Exhibit 11 - DPP Trial Ex. 363, #12 Exhibit 12 - DPP Trial Ex. 369, #13 Exhibit 13 - DPP Trial Ex. 370, #14 Exhibit 14 - DPP Trial Ex. 558, #15 Exhibit 15 - DPP Trial Ex. 569, #16 Exhibit 16 - DPP Trial Ex. 622, #17 Exhibit 17 - DPP Trial Ex. 793, #18 Exhibit 18 - DPP Trial Ex. 800, #19 Exhibit 19 - DPP Trial Ex. 811, #20 Exhibit 20 - DPP Trial Ex. 882, #21 Exhibit 21 - DPP Trial Ex. 938, #22 Exhibit 22 - DPP Trial Ex. 988, #23 Exhibit 23 - DPP Trial Ex. 2794, #24 Exhibit 24 - DPP Trial Ex. 3029, #25 Exhibit 25 - DPP Trial Ex. 3142, #26 Exhibit 26 - DPP Trial Ex. 3271, #27 Exhibit 27 - DPP Trial Ex. 3542, #28 Exhibit 28 - DPP Trial Ex. 3543)(Millard, Kendall)
March 5, 2015 Filing 1547 Notice of Filing of Search Warrants filed by Direct Purchaser Class. (Attachments: #1 Exhibit A-Excerpts of Canadian Search Warrant, #2 Exhibit B-Excerpts of US Search Warrant)(Felder, Melissa)
March 4, 2015 Filing 1546 SEALED Motion For Judgment As To All Direct Purchaser Plaintiffs Whose Purchases Are Associated Solely With Negative Impact Coefficients #42 filed by FFP Holdings, LLC, Future Foam, Inc., Hickory Springs Manufacturing Company, Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) #42 . (Attachments: #1 Appendix Declaration of Mr. Manthripragada)(France, Jamie)
March 3, 2015 Filing 1545 Joint Proposed Verdict Form filed by Direct Purchaser Class. (Wolfson, Adam)
March 3, 2015 Filing 1544 Joint Proposed Jury Instructions filed by Direct Purchaser Class. (Wolfson, Adam)
March 3, 2015 Filing 1543 Appeal Order from US Supreme Court: The petition for a writ of certiorari is denied re #1415 (No. 14-577) (H,SP)
February 27, 2015 Opinion or Order Filing 1542 Marginal Order Plaintiffs' motion to strike was brought as a joint motion on behalf of all plaintiffs. Counsel for all plaintiffs may therefore attend and participate in the depositions. Related document #1535 . Signed by Judge Jack Zouhary (MDL2196) on 2/27/2015. (K,K)
February 27, 2015 Filing 1541 Stipulation & Order approving #1518 Joint Proposed Stipulation and Proposed Order Regarding References to Mohawk's Overall Profits and Financial Performance. Judge Jack Zouhary(MDL2196) on 2/26/2015. (D,L)
February 27, 2015 Filing 1540 Marginal Entry Order granting #1510 Defendants' Motion Concerning Requests for Exclusion from the Direct Purchaser Class. Exhibits A through C (as amended by Docs. 1512-15) are valid and timely and represent a complete, accurate, and a final list of Exclusions from the Direct Purchaser Class. Judge Jack Zouhary (MDL2196) on 2/27/2015.(D,L)
February 27, 2015 Opinion or Order Filing 1539 Order staying the Direct Purchaser Class case against Foamex Innovations, Inc. Related document #1536 . Signed by Judge Jack Zouhary (MDL2196) on 2/27/2015. (K,K)
February 26, 2015 Filing 1538 FXI Notice of Withdrawal of Motions in Limine Nos. 21 and 26 filed by FXI-Foamex Innovations, Inc.. (Paris, Adam)
February 26, 2015 Filing 1537 Notice of withdrawal of the Direct Purchaser Class's Motion to Strike the Limited Supplemental Expert Report of Petere R. Greenhalgh filed by Direct Purchaser Class. (Felder, Melissa) Modified to remove caps 2/27/2015 (K,K).
February 26, 2015 Filing 1536 Proposed Order Staying Case Against Foamex Innovations, Inc. filed by Direct Purchaser Class. (Felder, Melissa)
February 26, 2015 Filing 1535 Letter for Clarification filed by Indirect Purchaser Class. (Kerger, Richard)
February 26, 2015 Opinion or Order Filing 1534 Memorandum Opinion and Order granting Settlement Motions. For the reasons stated in the Order, Motion for Final Approval of the Leggett & Platt and Carpenter Settlements (Doc. #1439 ) and Motion for an Award of Attorneys' Fees and for Reimbursement of Expenses (Doc. #1441 ) are granted. Signed by Judge Jack Zouhary (MDL2196) on 2/26/2015. (Attachments: #1 Exhibit A to the Settlement Order, #2 Exhibit B to the Settlement Order)(K,K)
February 26, 2015 Filing 1533 SEALED Document:Notice of Filing of Materials Submitted During and Before the January 15, 2015 Hearing on Summary Judgment filed by Direct Purchaser Class. Related document(s) #42 . (Attachments: #1 Exhibit A1 (Part 1 of the Direct Purchaser Class's Summary Judgment Argument Book), #2 Exhibit A2 (Part 2 of the Direct Purchaser Class's Summary Judgment Argument Book))(Wolfson, Adam)
February 25, 2015 Filing 1532 Letter Re: Declaration of Matthew Hall filed by The Dow Chemical Company. (Rains, M.)
February 25, 2015 The Hearing set for Thursday, 3/5/2015 at 10:00 AM is VACATED. This Court will rule on the pending Motions on Wednesday, 3/4/3015 beginning at 2:00 PM. Judge Jack Zouhary (MDL2196) on 2/25/2015. (D,L)
February 24, 2015 Filing 1531 Joint Notice of [Proposed] Joint Statement of the Case filed by Direct Purchaser Class. (Attachments: #1 Exhibit A (Plaintiffs' Proposed Joint Statement), #2 Exhibit B (Defendants' Proposed Joint Statement), #3 Exhibit C (Comparison of Alternate Proposals))(Wolfson, Adam)
February 24, 2015 Filing 1530 Motion for attorney Gregory A. Ellis to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6973657, filed by MDL Notice Only Future Foam, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Blinn, Meghan)
February 24, 2015 Filing 1529 Motion for attorney David C. Scheper to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6973639, filed by MDL Notice Only Future Foam, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Blinn, Meghan)
February 24, 2015 Opinion or Order Filing 1528 Order approving disbursement re: #1505 Proposed Billing Statement (January). Judge Jack Zouhary (MDL2196) on 2/24/2015. (D,L)
February 24, 2015 Opinion or Order Filing 1527 Order re: Dow Motion to Intervene. Dow Chemical Co.'s Motion for Leave to Intervene for the Limited Purpose of Obtaining Access to Certain Documents Filed Under Seal (Doc. #1486 ) is granted in part and denied in part without prejudice. This Order is limited in its effect: it only gives Dow access to the Doc. 1486-1 documents, and permits use of those documents in In re Urethane Antitrust Litig., Case No. 2:08-cv- 5169-WJM-MF (D.N.J) if that court so allows. Dow may not use the documents for any other reason. Dow may not access any other documents filed under seal in this case (i.e., documents other than the Doc. 1486-1 documents) without agreement of the parties or leave of Court. Signed by Judge Jack Zouhary (MDL2196) on 2/24/2015.(K,K)
February 24, 2015 Opinion or Order Filing 1526 Order temporarily staying cases and directing filing of proposed case schedule. Defendants' Motion (Doc. #1485 ) seeks a reasonable stay, and for these reasons stated in the Order is granted. The Indirect Purchaser Class Motion to Set Trial Date and Pretrial Schedule (Doc. #1476 ) is granted in part.Signed by Judge Jack Zouhary (MDL2196) on 2/24/2015.(K,K)
February 24, 2015 Filing 1525 Notice of Amended Exhibit A to [Proposed] Final Approval Order for the Carpenter Settlement filed by Direct Purchaser Class. (Attachments: #1 Exhibit A (Amended Carpenter Settlement Exclusion List))Related document(s) #1521 .(Wolfson, Adam)
February 24, 2015 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney David C. Scheper for Randall Lake. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #1529 ). Approved by Judge Jack Zouhary (MDL2196) on 2/24/2015.(K,K)
February 24, 2015 Opinion or Order Order granting Motion for appearance pro hac vice by attorney Gregory A. Ellis for Randall Lake. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #1530 ). Approved by Judge Jack Zouhary (MDL2196) on 2/24/2015.(K,K)
February 23, 2015 Filing 1524 Reply in support of #1486 Motion for leave to Intervene for the Limited Purpose of Obtaining Access to Certain Documents Filed Under Seal filed by The Dow Chemical Company. (Attachments: #1 Exhibit A - NJ Dkt 53 Order, #2 Exhibit B - NJ Dkt 51, #3 Exhibit C - NJ Dkt 52)(Rains, M.)
February 23, 2015 Filing 1523 Motion for attorney Carolyn J. Kubota to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6970385, filed on behalf of non-party Athena Nicolaou. (Attachments: #1 Exhibit Certificate of Good Standing)(Blinn, Meghan) Modified text 2/23/2015 (K,K).
February 23, 2015 Opinion or Order Filing 1522 Order re: Confirmation of Class Exclusions. Defendants and the Direct Purchaser Class shall file by Wednesday, February 25, 2015, an amended proposed order confirming Class exclusions; any Direct Action Plaintiff who notes additional mistakes in the settlement administrator's list should request to be included in the order confirming exclusion by Tuesday, February 24, 2015. Related documents #1510 , #1512 . Signed by Judge Jack Zouhary (MDL2196) on 2/23/2015. (K,K)
February 23, 2015 Filing 1521 Notice of Joint [Proposed] Final Approval Order for the Carpenter Settlement filed by Direct Purchaser Class. (Attachments: #1 Exhibit A (Proposed Carpenter Final Approval Order))(Wolfson, Adam)
February 23, 2015 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Carolyn J. Kubota for Interested Party Athena Nicolaou. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #1523 ). Approved by Judge Jack Zouhary (MDL2196) on 2/23/2015.(K,K)
February 20, 2015 Filing 1520 SEALED Document:Defendants' Opposition to #1500 Omnibus Motions In Limine, Motion to Strike, and Daubert Motion to Exclude the Testimony of Earl Silbert filed by FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) #42 . (Attachments: #1 Index of Exhibits, #2 Exhibit to Opposition to MIL No. 3, #3 Exhibit to Opposition to MIL No. 4, #4 Exhibit to Opposition to MIL No. 10, #5 Exhibit to Opposition to MIL No. 12, #6 Exhibit to Opposition to MIL No. 15)(Paris, Adam)
February 20, 2015 Filing 1519 Opposition to #1501 SEALED Motion in Limine and to Exclude and/or Strike Expert Evidence #42 filed by Direct Purchaser Class. (Attachments: #1 Exhibit A (Lucas, Branner, Hannah, Dolphin, and Dacosta Documents), #2 Exhibit B (Magee Documents), #3 Exhibit C (Diamond-Heller Documents), #4 Exhibit D (Mohawk Witness List Disclosure), #5 Exhibit E (Moeller-Farah-Donato Documents))(Wolfson, Adam)
February 20, 2015 Filing 1518 Joint Proposed Stipulation and Proposed Order Regarding References to Mohawk's Overall Profits and Financial Performance filed by Direct Action Plaintiff(s), Mohawk Industries, Inc.. (Dowell, Matthew)
February 20, 2015 Filing 1517 Motion by Candice Ray to withdraw as attorney filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
February 20, 2015 Opinion or Order Order (non-document) granting Motion to withdraw as attorney; attorney Candice E.M. Ray removed from case. (Related Doc #1517 ). Approved by Judge Jack Zouhary (MDL2196) on 2/20/2015.(K,K)
February 19, 2015 Filing 1516 Cross Notice to take Deposition of Tammy Jacovides and Athena Nicolaou on March 3, 2015 filed by FXI-Foamex Innovations, Inc.. (Paris, Adam)
February 19, 2015 Filing 1515 Response in Opposition to #1510 SEALED Motion Defendants' Motion concerning requests for exclusion from the Direct Purchaser Class filed by Spring Air International LLC. Related document #42 . (Attachments: #1 Exhibit Ex. 1 Letter, #2 Exhibit Ex. 2 Email)(Tompkins, Charles) Modified to remove caps 2/20/2015 (K,K).
February 19, 2015 Filing 1514 Response in Opposition to #1510 SEALED Motion Defendants' Motion concerning requests for exclusion from the Direct Purchaser Class filed by The Bedding Group, Inc. Related document #42 . (Attachments: #1 Exhibit The Bedding Group, #2 Exhibit Peoploungers Mississippi, Inc. and PLI Liquidation, Inc., #3 Exhibit Certificate of Service January 16, 2015)(Liston, William) Modified text to remove caps 2/20/2015 (K,K).
February 18, 2015 Filing 1513 Letter filed by Florida Foam and Sales, Inc., Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., L & J Products and Sales, Inc., NC Foam and Sales, Inc.. Related document(s) #1510 . (Attachments: #1 Exhibit Notice Letters to GCG)(Revera, Gregory)
February 18, 2015 Filing 1512 Letter to Court filed by American Bedding Company Inc, Diamond Mattress Company, Park Place Corporation, Rest Master Bedding Company. Related document(s) #1510 . (Eddy, David)
February 17, 2015 Filing 1511 Proposed Order filed by FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. Related document #1510 . (Paris, Adam) Modified text 2/20/2015 (K,K).
February 17, 2015 Filing 1510 SEALED Motion Defendants' Motion Concerning Requests for Exclusion from the Direct Purchaser Class #42 filed by FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit A - Primary Exclusions, #2 Exhibit B - Associated Exclusions, #3 Exhibit C - Late Exclusions)(Paris, Adam) Modified text 2/20/2015 (K,K).
February 17, 2015 Filing 1509 Direct Action Plaintiffs' Joinder in the Direct Purchaser Class' Motion to Strike the Limited Supplemental Expert Report of Peter R. Greenhalgh filed by Direct Action Plaintiff(s). Related document(s) #1500 .(Blechman, William)
February 17, 2015 Filing 1508 Notice to take Deposition of Tammy Jacovides on March 3, 2015 filed by Future Foam, Inc.. (Passarelli, John)
February 17, 2015 Filing 1507 Reply to response to #1485 Motion to continue All Cases and All Related Deadlines Until After Conclusoin of Direct Purchaser Plaintiff Trial On Behalf of Defendants Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. filed by FFP Holdings, LLC. (Raines, Alicia)
February 17, 2015 Filing 1506 Notice to take Deposition of Athena Nicolaou on March 3, 2015 filed by Direct Purchaser Class. (Willett, Melissa)
February 17, 2015 Filing 1505 Proposed Order Summary Billing Statement for January, 2015 relating to docket #1504 filed by David Rosenblum Cohen. (Cohen, David)
February 17, 2015 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney David M. Bernick for The Dow Chemical Company. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #1497 ). Approved by Judge Jack Zouhary (MDL2196) on 2/17/2015.(K,K)
February 16, 2015 Filing 1503 Opposition to #1486 Motion for leave to Intervene for the Limited Purpose of Obtaining Access to Certain Documents Filed Under Seal filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: #1 Exhibit A - Letter Re Dow Motion to Intervene, #2 Exhibit B - Jan 6, 2012 Order, Urethane ECF No. 2282, #3 Exhibit C - Dow Notice, Urethane ECF No. 2882, #4 Exhibit D - Nov. 5, 2013 Order, Urethane ECF No. 3073, #5 Exhibit E - Jan. 8, 2014 Order, Urethane ECF No. 3124, #6 Exhibit F - Jan. 24, 2014 Order, Urethane ECF No. 3129, #7 Exhibit G - July 1, 2014 Order, Urethane ECF No. 3202, #8 Exhibit H - Jan. 10, 2012 Order, Urethane ECF No. 2286, #9 Exhibit I - Feb. 14, 2014 Order, Urethane ECF No. 3151)(Blinn, Meghan)
February 16, 2015 Filing 1502 Attorney Appearance by Brian C. Kalas filed by on behalf of Hickory Springs Manufacturing Company. (Kalas, Brian)
February 13, 2015 Filing 1501 SEALED Motion in Limine and to Exclude and/or Strike Expert Evidence #42 filed by FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) #42 . (Attachments: #1 Brief in Support of Defendants' Motions in Limine and to Exclude and/or Strike Expert Evidence, #2 Index of Exhibits, #3 Exhibit to Motion 1, #4 Exhibit to Motion 4, #5 Exhibit to Motion 5, #6 Exhibit to Motion 8, #7 Exhibit to Motion 10, #8 Exhibit to Motion 11, #9 Exhibit to Motion 14, #10 Exhibit to Motion 18, #11 Exhibit to Motion 21)(Dowell, Matthew)
February 13, 2015 Filing 1500 SEALED Motion Notice of Motions and the Direct Purchaser Class' Omnibus Motions in Limine, Motion to Strike, and Daubert Motion to Exclude the Testimony of Earl Silbert #17 , #42 filed by Plaintiff Direct Purchaser Class. Related document(s) #17 , #42 . (Attachments: #1 Brief in Support, #2 Exhibit A-Letter to Defendants, #3 Exhibit B-Draft Stipulation and Correspondence, #4 Exhibit C-Vitamin C Transcript, #5 Exhibit D-FXI Documents, #6 Exhibit E-Service Email for Greenhalgh Supplemental Report, #7 Exhibit F-Greenhalgh Supplemental Report, #8 Exhibit G-Silbert Report, #9 Exhibit H-Silbert Transcript, #10 Exhibit I-Produced Email)(Felder, Melissa)
February 13, 2015 Filing 1499 Transcript of Pretrial Conference held on February 3, 2015 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [48 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 2/20/2015. Redaction Request due 3/6/2015. Redacted Transcript Deadline set for 3/16/2015. Release of Transcript Restriction set for 5/14/2015. (N,A)
February 12, 2015 Filing 1498 Notice of Joint [Proposed] Final Approval Order for the Leggett & Platt Settlement filed by Direct Purchaser Class. (Attachments: #1 Exhibit A (Proposed Final Approval Order for L&P Settlement))(Wolfson, Adam)
February 12, 2015 Filing 1497 Motion for attorney David M. Bernick to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6957170, filed by Intervenor The Dow Chemical Company. (Attachments: #1 Certificate of Good Standing)(Rains, M.)
February 11, 2015 Filing 1496 Reply in support of #1476 Motion to Set Trial Date and and Pretrial Schedule and in Response to Defendants' Motion to Stay Proceedings filed by Indirect Purchaser Class. (Kerger, Richard)
February 10, 2015 Filing 1495 Defendants' Notice of Proposed Additions to Juror Questionnaire or, In the Alternative, Voir Dire Examination filed by FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) #1482 .(Schroeder, Caitlin)
February 10, 2015 Filing 1494 Opposition to #1485 Motion to continue All Cases and All Related Deadlines Until After Conclusoin of Direct Purchaser Plaintiff Trial filed by Direct Action Plaintiff(s). (Patton, Douglas)
February 10, 2015 Filing 1493 The Direct Purchaser Class's Notice of Proposed Revisions to the Confidential Juror Questionnaire filed by Direct Purchaser Class. (Attachments: #1 Exhibit A - Proposed Revisions to the Confidential Juror Questionnaire)(Felder, Melissa)
February 10, 2015 Filing 1492 SEALED Document:Notice of Supplement to the Direct Purchaser Class's Motion for an Award of Attorneys' Fees and for Reimbursement of Expenses filed by Direct Purchaser Class. Related document(s) #42 , #1441 . (Attachments: #1 Exhibit A (Cumulative Lodestar by Category of Work), #2 Exhibit B (Cumulative Lodestar by Attorney and Category of Work), #3 Exhibit C (Lodestar on Monthly Basis by Attorney and Category of Work), #4 Exhibit D (Lodestar on Monthly Basis by Law Firm), #5 Exhibit E (Lodestar on Monthly Basis by Attorney))(Wolfson, Adam)
February 9, 2015 Opinion or Order Filing 1491 Order. Pending before this Court is the Motion by Dow Chemical for Leave to Intervene #1486 for the limited purpose of obtaining access to certain documents filed under seal. This Court assumes Plaintiffs take no position on this request by Dow Chemical; counsel for Defendants should meet and confer, and then file a joint response to the request of Dow Chemical by 2/16/2015. That response should include a position on the items set forth in Dow Chemical's Exhibit (Doc. #1486 -1). Judge Jack Zouhary on 2/9/2015. (D,L)
February 9, 2015 Filing 1490 Memorandum Opinion and Order re Summary Judgment. This Court has carefully examined the substantial summary judgment record. Questions of fact exist that allow a jury to test Direct Purchasers' claims. Therefore, for the reasons noted above, this Court: Denies Flexible Foam's Motion for Summary Judgment #1321 ; Denies Future Foam's Motion for Summary Judgment #1324 ; Denies Hickory Springs' Motion for Summary Judgment #1322 ; Denies Mohawk's Motion for Summary Judgment #1325 , allowing Mohawk to raise arbitration issues after the jury verdict; Denies Woodbridge Defendants' Motion for Summary Judgment #1329 . Denies in part Defendants' Joint Motion for Summary Judgment and Daubert Motions; but grants that part of the Motion with respect to purchases associated with negative impact coefficients #1328 . Judge Jack Zouhary (MDL2196) on 2/9/2015. (D,L)
February 9, 2015 Filing 1489 Expedited Non-Appeal Transcript Order Form for proceedings held on January 15, 2015 before Judge Jack Zouhary, re #1458 Motion Hearing,,,. Court Reporter: Tracy Spore. Requested completion date: February 17, 2015 filed by FXI-Foamex Innovations, Inc.. Related document(s) #1458 . (Coller, F.)
February 9, 2015 Filing 1488 Expedited Non-Appeal Transcript Order Form for proceedings held on 02/03/2015 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: 02/12/2015 filed by Future Foam, Inc.. (Passarelli, John)
February 9, 2015 Opinion or Order Filing 1487 Order Re: Payment of Special Master Fees. The Clerk is ordered to disburse Check No. 12746 of Freshfields Bruckhaus Deringer US LLP in the amount of $998 to David Cohen Co. LPA, 2440 Chagrin Blvd., Suite 300, Cleveland, Ohio 44122. Parties are asked to disburse payments directly to David Cohen, not the Clerk of Courts. See Doc. #1313 for details. Judge Jack Zouhary (MDL2196) on 2/9/2015. (D,L)
February 6, 2015 Filing 1486 Motion for leave to Intervene for the Limited Purpose of Obtaining Access to Certain Documents Filed Under Seal filed by Intervenor The Dow Chemical Company. (Attachments: #1 Exhibit A - Docket Text, #2 Exhibit B - Memorandum and Order, #3 Exhibit C - Memo & Order dated 4 5 11, #4 Exhibit D - 2 14 14 Order, #5 Exhibit E - Joint Status Report, #6 Exhibit F - 11 5 13 Order, #7 Exhibit G - Pretrial Order, #8 Exhibit H - Protective Order, #9 Exhibit I - 1 10 12 Order)(Rains, M.)
February 6, 2015 Filing 1485 Motion to continue All Cases and All Related Deadlines Until After Conclusoin of Direct Purchaser Plaintiff Trial filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Millard, Kendall)
February 6, 2015 Filing 1484 Non-Appeal Transcript Order Form for proceedings held on February 3, 2015 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: March 9, 2015 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. (Lukitsch, Bethany)
February 6, 2015 Filing 1483 JERS/EXHIBIT ORDER. Each party shall submit to Chambers all exhibits on a single storage device no later than 3/10/2015. See Order for details. Judge Jack Zouhary (MDL2196) on 2/6/2015. (D,L)
February 6, 2015 Filing 1482 TRIAL ORDER. This case is scheduled for a jury trial on all issues beginning 3/31/2015 at 9:00 AM in Courtroom 16B in Cleveland, Ohio. Proposed questions to be added to Juror Questionnaire due 2/10/2015. Joint Statement of the Case due 2/24/2015. Joint Proposed Jury Instructions due 3/3/2015. Proposed Trial Witness List due 3/10/2015. MIL/Daubert briefs due 2/13/2015; Oppositions due on 2/20/2015; Hearing to rule on various evidentiary objections beginning on 3/4/2015 at 2:00 PM in Courtroom 209 in Toledo, Ohio and continued at 10:00 AM on 3/5/2015 in Courtroom 209 in Toledo, Ohio. Requested Rulings on Deposition Objections due by 3/10/2015. Exhibits lists due 3/10/2014. "Red Flag" List of exhibits filed by 3/17/2015. Notice to Court Reporter due 3/17/2015. Judge Jack Zouhary (MDL2196) on 2/6/2015. (D,L)
February 6, 2015 Filing 1481 Memorandum Opinion and Order re #1326 SEALED Motion for Summary Judgment. FXI is granted summary judgment of Direct Purchaser' claim that FXI is liable for antitrust injury because it succeeds to Foamex's liability, and the jury will be properly instructed on this point. FXI is denied summary judgment on Direct Purchasers' claim that, after FXI came into existence in 2009, it joined the antitrust conspiracy. Because these material facts are in dispute, that claim must be submitted to a jury. Judge Jack Zouhary (MDL2196) on 2/6/2015. (D,L)
February 6, 2015 Filing 1480 Corporate Disclosure Statement filed by Ashley Furniture Industries, Inc.. (Ahern, Patrick)
February 4, 2015 Filing 1479 Expedited Non-Appeal Transcript Order Form for proceedings held on 2/3/15 before Judge Jack Zouhary, re Motion Hearing,,,. Court Reporter: Angela Nixon. Requested completion date: February 12, 2015 filed by FXI-Foamex Innovations, Inc.. (Coller, F.)
February 4, 2015 Filing 1478 Response to #1476 Motion to Set Trial Date and and Pretrial Schedule filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Patton, Douglas)
February 3, 2015 Minutes of proceedings [non-document] before Judge Jack Zouhary. Hearing held on the Direct Purchaser Class Plaintiffs' Motion for Final Approval of the Leggett & Platt and Carpenter Settlements (Doc. #1439 ) (and objections thereto (see Doc. #1475 )), Motion for an Award of Attorneys' Fees and for Reimbursement of Expenses (Doc. #1441 ), and various pretrial matters. Motions taken under advisement. Class Counsel will submit for this Court's review further information on their estimated lodestar. Parties will file proposed orders for final approval when Class Action Fairness Act notice and other settlement-related deadlines have run. Parties will submit by 2/10/2015 comments on the long-form juror questionnaire. Parties will meet and confer regarding all Plaintiffs' Objections to Defendants' Supplemental Rule 26(a)(1)(A)(i) disclosures. (Court Reporter: Angela Nixon.) Time: 2 hours, 45 minutes. (D,L)
February 3, 2015 Filing 1477 Non-Appeal Transcript Order Form for proceedings held on 2/3/2015 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 3/5/2015 filed by Leggett & Platt, Inc.. (Warncke, Daniel)
February 3, 2015 Filing 1476 Motion to Set Trial Date and and Pretrial Schedule filed by Plaintiff Indirect Purchaser Class. (Miller, Marvin) Modified to remove ex parte restriction; notice regenerated 2/3/2015 (K,K).
February 2, 2015 Filing 1475 Response to #1439 Motion Final Approval of the Leggett & Platt and Carpenter Settlements filed by Direct Purchaser Class. (Attachments: #1 Exhibit A (Declaration of Lael Dowd), #2 Exhibit (Exhibit A to Dowd Declaration), #3 Exhibit (Exhibit B to Dowd Declaration), #4 Exhibit (Exhibit C to Dowd Declaration), #5 Exhibit (Exhibit D to Dowd Declaration), #6 Exhibit B (Narkin Objection), #7 Exhibit C (Hall Objection))(Wolfson, Adam)
February 2, 2015 Filing 1474 Notice of Hall Furniture's Objection to the Proposed Settlement between the Direct Purchaser Settlement Class and Leggett & Platt, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(D,L)
February 2, 2015 Filing 1473 Notice of Objection by Michael Narkin to the Leggett & Platt and Carpenter Defendants Settlements filed by Direct Purchaser Class. (Attachments: #1 Exhibit Ex. A - Objection of Michael Narkin)(Felder, Melissa)
February 2, 2015 Filing 1472 Notice of Appearance of Patrick J. Ahern for Ashley Furniture Industries, Inc. (K,K)
January 27, 2015 Opinion or Order Filing 1471 Sealed Order approving disbursement re: #1451 Proposed Billing Statement. Signed by Judge Jack Zouhary (MDL2196) on 1/27/2015. (D,L)
January 23, 2015 Filing 1470 Attorney Appearance for David A. Frazee by Kendall Millard filed by on behalf of FFP Holdings, LLC. (Millard, Kendall)
January 23, 2015 Filing 1469 Attorney Appearance for Alicia Raines by Kendall Millard filed by on behalf of FFP Holdings, LLC. (Millard, Kendall)
January 22, 2015 Filing 1468 Notice of Withdrawal of Kathryn D. Kirmayer filed by General Motors LLC. (Solh, Chahira)
January 22, 2015 Filing 1467 Transcript of Motion Hearing held on 1/15/15 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [240 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/29/2015. Redaction Request due 2/12/2015. Redacted Transcript Deadline set for 2/23/2015. Release of Transcript Restriction set for 4/22/2015. Related document(s) #1465 , #1457 , #1460 , #1456 , #1455 , #1459 . (S,Tr)
January 22, 2015 Filing 1466 SEALED Document:Notice of Filing filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit 1 - Materials Circulated at the January 15, 2015 Hearing)(Paris, Adam)
January 22, 2015 Filing 1465 Non-Appeal Transcript Order Form for proceedings held on 01/15/2015 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 01/30/2015 filed by Indirect Purchaser Class. (Kerger, Richard)
January 21, 2015 Filing 1464 Notice of Withdrawal of Bonny E. Sweeney filed by Direct Purchaser Class. (Medici, Carmen)
January 21, 2015 Filing 1463 SEALED Document:FFP Holdings, LLCs Notice of Filing of Documents Circulated in Advance of or Requested During the January 15, 2015 Hearing on Summary Judgment filed by FFP Holdings, LLC. Related document(s) #42 . (Attachments: #1 Exhibit Exh 1 - FFP - slides for MSJ hearing, #2 Exhibit Exh 2 - FFP3-00382995, #3 Exhibit Exh 3 - Crowell Deposition Excerpt, #4 Exhibit Exh 4 - Whitling Deposition Excerpt, #5 Exhibit Exh 5 - Denenberg Deposition Excerpt, #6 Exhibit Exh 6 - FFP3-000775144-46, -00017586, #7 Exhibit Exh 7 - FFP3-00771542-43)(Pollack-Milgate, Deborah)
January 21, 2015 Filing 1462 Notice of Withdraw of Appearance of Francis Patrick Newell filed by FXI-Foamex Innovations, Inc.. (Newell, Francis)
January 21, 2015 Filing 1461 SEALED Document:Request to Supplement the Summary Judgment Record filed by FXI-Foamex Innovations, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit A - Excerpts of Deposition Transcript)(Paris, Adam)
January 20, 2015 Filing 1460 Expedited Non-Appeal Transcript Order Form for proceedings held on 1/15/2014 before Judge Judge Jack Zouhary, Court Reporter: Tracy Spore. Requested completion date: 1/26/15 filed by Ford Motor Company. (Holt, Benjamin)
January 18, 2015 Filing 1459 Expedited Non-Appeal Transcript Order Form for proceedings held on 1/15/15 before Judge Judge Jack Zouhary, Court Reporter: Tracy Spore. Requested completion date: 1/27/15 filed by Ford Motor Company. (Holt, Benjamin)
January 16, 2015 Filing 1458 Minutes of proceedings before Judge Jack Zouhary. Motion Hearing held on 1/15/2015. This Court held a record hearing (Court Reporter: Tracy Spore) on the parties' motions for summary judgment (Docs. # 1321 - # 1322 , # 1324 - # 1326 , # 1328 - # 1329 , # 1342 ). Motions taken under advisement. For the reasons stated on the record, this Court denied without prejudice as moot the Carpenter Defendants' motion for summary judgment # 1323 . This Court discussed the one-way intervention arguments with respect to the Indirect Purchaser Class case. This Court will file under seal (for attorneys' eyes only) any orders ruling on the motions for summary judgment in the Direct Purchaser Class case, until the opt-out period runs in the Indirect Purchaser Class case. Time: 5 hours. (D,L)
January 16, 2015 Filing 1457 Non-Appeal Transcript Order Form for proceedings held on 1/15/2015 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 1/16/2015 filed by Leggett & Platt, Inc.. (Warncke, Daniel)
January 16, 2015 Filing 1456 Expedited Non-Appeal Transcript Order Form for proceedings held on 1/15/15 before Judge Jack Zouhary, Court Reporter: Tracy Spore. Requested completion date: 1/23/15 filed by Future Foam, Inc.. (Passarelli, John)
January 16, 2015 Filing 1455 Non-Appeal Transcript Order Form for proceedings held on January 15, 2015 before Judge Jack Zouhary, Court Reporter: Tracy Spore, RMR, CRR. Requested completion date: February 16, 2015 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. (Lukitsch, Bethany)
January 14, 2015 Filing 1454 Proposed Stipulation Regarding the Pretrial Schedule for the Direct Purchaser Class's Trial filed by Direct Purchaser Class. (Wolfson, Adam)
January 12, 2015 Filing 1453 QUESTIONS FOR HEARING ON MOTIONS FOR SUMMARY JUDGMENT set for 1/15/15 at 10:00 AM in Courtroom 209 before Judge Jack Zouhary (MDL2196). If a party intends to rely at oral argument on caselaw not cited in the party's briefs, the party must share the case citation with Court and opposing counsel before the hearing. At the outset of the hearing, counsel should update Court on status of limited discovery related to the testimony of current and former Future Foam employees. Judge Jack Zouhary on 1/12/15. (S,Na)
January 9, 2015 Filing 1452 Amended Notice to take Deposition of General Motors on January 16, 2015 filed by FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
January 9, 2015 Filing 1451 Proposed Order Summary Billing Statement for December, 2014 relating to docket #1450 filed on January 9, 2014 filed by David Rosenblum Cohen. (Cohen, David)
January 8, 2015 Filing 1449 Notice of Withdraw of Appearance of Brian Kint filed by FXI-Foamex Innovations, Inc.. (Kint, Brian) Modified text 1/9/2015 (K,K).
January 7, 2015 Filing 1448 Notice to take Deposition of Peter Smolenski on January 13, 2015 at 9:00 am filed by FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
January 7, 2015 Filing 1447 Defendants' Notice of Supplemental Authority in Further Support of Defendants' Motion for Summary Judgement filed by FFP Holdings, LLC. (Attachments: # 1 Exhibit A Supplemental Authority in Support of Defendants' Motion for Summary Judgement)(Millard, Kendall)
January 6, 2015 Filing 1446 SEALED Document: Corrected Version of Dkt. 1363-1 (Flora Deposition Excerpts) filed by Direct Purchaser Class. Related document(s) # 42 , # 1363 . (Wolfson, Adam)
January 6, 2015 Filing 1445 Notice of Appearance of William C. Price filed by Direct Purchaser Class. (Wolfson, Adam)
January 2, 2015 Filing 1444 Cross Notice to take Deposition of ROBERT BISIOREK on January 7, 2015 filed by Foam Ex Innovations, Inc.. (Paris, Adam)
December 31, 2014 Filing 1443 FXI's RESPONSE TO DIRECT PURCHASER CLASS PLAINTIFFS' NOTICE OF SUPPLEMENTAL AUTHORITY filed by Foam Ex Innovations, Inc.. (Attachments: # 1 Exhibit A to FXI's Response to Direct Purchaser Class Plaintiffs' Notice of Supplemental Authority) (Paris, Adam)
December 24, 2014 Filing 1442 Filing Error - Documents to be refiled on individual case(s). Only documents pertaining to all cases are to be filed on the master docket. Proposed Stipulation for Dismissal, with Prejudice, of the Sealy Plaintiffs' Claim Against the Carpenter Defendants filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: # 1 Proposed Order Exhibit 1)(Blechman, William) Modified text; notice regenerated 12/24/2014 (K,K).
December 23, 2014 Filing 1441 Motion (Memorandum of Law in support) for an Award of Attorneys' Fees and for Reimbursement of Expenses filed by Plaintiff Direct Purchaser Class. (Attachments: # 1 Affidavit of Stephen R. Neuwirth)(Wolfson, Adam) Modified text 12/24/2014 (K,K).
December 23, 2014 Filing 1440 SEALED Document: Sealed Declaration of Adam B. Wolfson filed by Direct Purchaser Class. Related document(s) # 42 , # 1439 . (Wolfson, Adam)
December 23, 2014 Filing 1439 Motion (Memorandum of law in suppport of) Final Approval of the Leggett & Platt and Carpenter Settlements filed by Plaintiff Direct Purchaser Class. (Wolfson, Adam) Modified text 12/24/2014 (K,K).
December 23, 2014 Filing 1438 Filing Error - Document to be refiled on individual case. Proposed Stipulation for Dismissal filed by Pleasant Mattress Company. Related document(s) # 1433 .(Lynch, James) Modified text 12/24/2014 (K,K).
December 23, 2014 Filing 1437 Filing Error - Document to be refiled on individual case. Proposed Order of Dismissal filed by Jeffco Fibres, Inc.. (Lynch, James) Modified text 12/24/2014 (K,K).
December 23, 2014 Filing 1436 Filing Error - Document to be refiled on individual case. Proposed Order of Dismissal filed by Fraenkel Company. (Lynch, James) Modified text 12/24/2014 (K,K).
December 23, 2014 Filing 1435 Filing Error - Document to be refiled on individual case. Proposed Order of Dismissal filed by Simple Designs Manufacturing, Inc.. (Lynch, James) Modified text 12/24/2014 (K,K).
December 23, 2014 Filing 1434 Filing Error - Document to be refiled on individual case. Proposed Order of Dismissal filed by Spring Air International LLC, Spring Air LLC. (Lynch, James) Modified text 12/24/2014 (K,K).
December 23, 2014 Filing 1433 Filing Error - Document to be refiled on individual case. Proposed Order of Dismissal filed by Pleasant Mattress Company. (Lynch, James) Modified text 12/24/2014 (K,K).
December 19, 2014 Filing 1432 Direct Purchaser Class Plaintiffs' Notice of Supplemental Authority in Further Support of Their Opposition to Defendants' Summary Judgment and Daubert Motions filed by Direct Purchaser Class. Related document(s) # 1343 .(Wolfson, Adam)
December 16, 2014 Filing 1431 Attorney Appearance of Liz Broadway Brown by Matthew L. Dowell filed by on behalf of Mohawk Industries, Inc.. (Dowell, Matthew)
December 10, 2014 Filing 1430 Amended Notice to take Deposition of Martin Mazza on December 17, 2014 filed by General Motors LLC. (Solh, Chahira)
December 10, 2014 Opinion or Order Filing 1429 Sealed Order approving disbursement re: # 1420 Proposed Billing Statement. Signed by Judge Jack Zouhary (MDL2196) on 12/10/2014. (K,K)
December 9, 2014 Filing 1428 Notice of Withdrawal of Jesse J. Kirchner filed by General Motors LLC. (Solh, Chahira)
December 9, 2014 Filing 1427 Affidavit/Declaration of Bethany G. Lukitsch Regarding the Carpenter Defendants' Compliance with 28 U.S.C. Section 1715 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. (Attachments: # 1 Exhibit A (Carpenter CAFA Service Letters), # 2 Exhibit B (Carpenter CAFA Service Lists))(Lukitsch, Bethany)
December 9, 2014 Filing 1426 Expedited Non-Appeal Transcript Order Form for proceedings held on 11/13/14 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: 12/16/14 filed by FXI-Foamex Innovations, Inc.. (Coller, F.)
December 9, 2014 Filing 1425 Expedited Non-Appeal Transcript Order Form for proceedings held on 11/5/14 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: 12/16/24 filed by FXI-Foamex Innovations, Inc.. (Coller, F.)
December 8, 2014 Opinion or Order Filing 1424 Order re: Special Master. This Court has appointed David R. Cohen as Special Master in this Multidistrict Litigation. In order to assist this Court, the fees associated with accessing these cases through the Public Access to Court Electronic Records (PACER) shall be waived for him. Signed by Judge Jack Zouhary (MDL2196) on 12/8/2014. (K,K)
December 8, 2014 Filing 1423 Amended Notice to take Deposition of Robert Bisiorek on January 7, 2015 filed by General Motors LLC. (Solh, Chahira)
December 8, 2014 Filing 1422 Amended Notice to take Deposition of Martin Mazza on December 18, 2014 filed by General Motors LLC. (Solh, Chahira)
December 5, 2014 Filing 1421 Notice of Appearance of Julia M. Jordan and Brian D. Glueckstein filed by FXI-Foamex Innovations, Inc.. (Paris, Adam)
December 2, 2014 Filing 1420 Proposed Order Summary Billing Statement for August 12 through November 30, 2014 filed by David Rosenblum Cohen. Related document(s) # 1419 . (Cohen, David)
December 2, 2014 Filing 1419 SEALED Document: Itemized Billing Statement for August 12 through November 30, 2014 filed by David Rosenblum Cohen. Related document(s) # 1313 . (Cohen, David)
December 1, 2014 Filing 1418 Transcript of Phone Conference held on November 13, 2014 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [30 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/8/2014. Redaction Request due 12/22/2014. Redacted Transcript Deadline set for 1/1/2015. Release of Transcript Restriction set for 3/2/2015. (N,A)
December 1, 2014 Filing 1417 Transcript of Phone Conference held on November 5, 2014 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [45 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/8/2014. Redaction Request due 12/22/2014. Redacted Transcript Deadline set for 1/1/2015. Release of Transcript Restriction set for 3/2/2015. (N,A)
December 1, 2014 Filing 1416 FILED IN ERROR Transcript of Phone Conference held on November 5, 2014 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [85 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/8/2014. Redaction Request due 12/22/2014. Redacted Transcript Deadline set for 1/1/2015. Release of Transcript Restriction set for 3/2/2015. (N,A) Modified on 12/1/2014 (M,V). THIS TRANSCRIPT WAS FILED IN ERROR AND WILL NOT BE RELEASED (S,HR).
December 1, 2014 Reset Transcript Deadlines. Official Court Transcript filed by Court Reporter. Transcript filed in error. Deadlines changed to 12/1/2014. Related document(s) # 1418 . (M,V)
November 24, 2014 Filing 1415 Appeal Remark from US Supreme Court: The petition for a writ of certiorari was filed on 11/18/14 and placed on the docket 11/19/14 as No. 14-577 (H,SP)
November 21, 2014 Filing 1414 Amended Notice to take Deposition of Orley Ashenfelter on December 11, 2014 filed by Hickory Springs Manufacturing Company. (McGuire, Matthew)
November 21, 2014 Filing 1413 Affidavit/Declaration of Laurie A. Novion in Support of Compliance With 28 U.S.C. Section 1715 by Defendant Leggett & Platt, Incorporated filed by Leggett & Platt, Inc.. (Attachments: # 1 Exhibit A - 11/13/2014 SERVICE LTR, # 2 Exhibit B - SERVICE LIST)(Novion, Laurie)
November 18, 2014 Filing 1412 Attorney Appearance by Robert C. Schubert filed on behalf of Indirect Purchaser Class. (K,K)
November 17, 2014 Opinion or Order Filing 1411 Order Approving Form of Leggett & Plaitt Direct Purchaser Settlement and the Carpenter Defendants Direct Purchaser Settlement Claim Form. Related document # 1410 . Signed by Judge Jack Zouhary (MDL2196) on 11/17/2014. (Attachments: # 1 Exhibit A - Direct Purchaser Claim Form)(K,K)
November 17, 2014 Filing 1410 Proposed Stipulation Joint Stipulation and [Proposed] Order Regarding Form of Leggett & Platt Direct Purchaser Settlement and the Carpenter Defendants Direct Purchaser Settlement Claim Form filed by Direct Purchaser Class. (Attachments: # 1 Exhibit A - Proposed Claim Form, # 2 Exhibit B - Vitafoam Claim Form)(Willett, Melissa)
November 17, 2014 Filing 1409 Attorney Appearance by Thomas M. O'Rourke filed on behalf of Foam Ex Innovations, Inc. (K,K)
November 17, 2014 Opinion or Order Filing 1408 Class Certification Memorandum Opinion and Order (Redacted) Related document # 1102 . Signed by Judge Jack Zouhary (MDL2196) on 4/9/2014. (K,K)
November 14, 2014 Filing 1407 Second Revised Case Schedule for Direct Purchaser Class. Signed by Judge Jack Zouhary (MDL2196) on 11/14/2014. (K,K)
November 14, 2014 Opinion or Order Filing 1406 Order re: November 13, 2014 Phone Conference (see transcript for details). The Court will hear limited argument on one-way intervention with respect to the Indirect Purchaser Class case on January 15, 2015. The Direct Purchaser Class's Motion for Preliminary Approval of Settlement with Defendants Carpenter Co., E.R. Carpenter, L.P., and Carpenter Holdings, Inc (Doc. # 1400 ) is granted. The Direct Purchaser Class's Supplemental Motion for Approval of Notices of Class Certification and Settlement (Doc. # 1400 ) is also granted. This Court granted the Carpenter Defendants' oral motion to stay all proceedings in the Direct Purchaser Class case, pending final approval of the Carpenter Settlement (see Doc. # 1315 ). This Court earlier entered a similar stay with respect to the Leggett & Platt settlement. Signed by Judge Jack Zouhary (MDL2196) on 11/14/2014. (Court Reporter: Angela Nixon.)Time: 30 minutes. (K,K) (Additional attachment(s) added on 11/14/2014: # 1 Exhibit - Sealed Email Correspondence Between Parties) (K,K).
November 14, 2014 Filing 1405 Non-Appeal Transcript Order Form for proceedings held on 11/13/2014 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 12/15/2014 filed by Indirect Purchaser Class. (Kerger, Richard)
November 14, 2014 Filing 1404 Non-Appeal Transcript Order Form for proceedings held on 11/13/2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: 12/15/2014 filed by Future Foam, Inc.. (Passarelli, John)
November 14, 2014 Filing 1403 Appeal Order from USCA for the Sixth Circuit: Denying the motion to reopen, and the emergency motion to stay is denied as moot (USCA# 14-0302). Circuit Judges: Suhrheinrich, Siler and Gibbons. Date issued by USCA 11/13/14 (H,SP)
November 13, 2014 Filing 1402 Non-Appeal Transcript Order Form for proceedings held on November 13, 2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: December 15, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. (Lukitsch, Bethany)
November 13, 2014 Filing 1401 Non-Appeal Transcript Order Form for proceedings held on November 5, 2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: December 15, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. (Lukitsch, Bethany)
November 12, 2014 Filing 1400 Motion (1) Preliminary Approval of Settlement With Defendants Carpenter Co., E. R. Carpenter L.P., and Carpenter Holdings, Inc.; and (2) Supplemental Motion for Approval of Notices of Class Certification and Settlement filed by Plaintiff Direct Purchaser Class. (Attachments: # 1 Brief in Support, # 2 Exhibit A (DPP-Carpenter Settlement Agreement), # 3 Exhibit B (Supplemental Proposed Summary Notice), # 4 Exhibit C (Supplemental Proposed Long Form Notice), # 5 Exhibit D (Redline of "L&P-only" and Supplemental Summary Notices), # 6 Exhibit E (Redline of "L&P-only" and Supplemental Long Form Notices))(Wolfson, Adam)
November 12, 2014 Filing 1399 Attorney Appearance of Sheryl B. McGrath by Kendall Millard filed by on behalf of FFP Holdings, LLC. (Millard, Kendall)
November 12, 2014 Filing 1398 Attorney Appearance of D. Randall Brown by Kendall Millard filed by on behalf of FFP Holdings, LLC. (Millard, Kendall)
November 10, 2014 Opinion or Order Filing 1397 Order approving # 1396 Joint Stipulation Regarding Extension to Notice Schedule for Direct Purchaser Class Settlements. Signed by Judge Jack Zouhary (MDL2196) on 11/10/2014. (K,K)
November 7, 2014 Filing 1396 Proposed Stipulation and [Proposed] Order Regarding Extension to Notice Schedule for Direct Purchaser Class Settlements filed by Direct Purchaser Class. (Wolfson, Adam)
November 7, 2014 Filing 1395 Notice to take Deposition of Martin Mazza on December 19, 2014 filed by General Motors LLC. (Solh, Chahira)
November 6, 2014 Opinion or Order Filing 1392 Revised Case Schedule Order for Direct Purchaser Class. Signed by Judge Jack Zouhary (MDL2196) on 11/6/2014. (K,K)
November 6, 2014 Opinion or Order Filing 1391 Order Re: Settlements and Class Notice. The Direct Purchaser Class's Motion for Preliminary Approval of Settlement with Defendant Leggett & Platt, Inc. and for Approval of Notice Plan of Class Certification and Settlement (Doc. # 1379 ) is granted for the reasons stated at the November 5, 2014 record phone conference. This Court will hold a final approval hearing on Tuesday, February 3, 2015 at 10:00 a.m. in Courtroom 209, and adopts the Direct Purchaser Class's other proposed dates for their completion of notice publication (Doc. # 1379 at 19). Related documents # 1184 , # 1384 , # 1390 . Signed by Judge Jack Zouhary (MDL2196) on 11/6/2014. (K,K)
November 6, 2014 Opinion or Order Filing 1390 Order re: November 5, 2014 Phone Conference. (See transcript for details.) Related documents # 1307 , # 1364 , # 1327 , # 1360 , # 1381 . Signed by Judge Jack Zouhary (MDL2196) on 11/6/2014. (K,K)
November 6, 2014 Filing 1389 Amended Notice to take Deposition of Dominic Sinopoli on November 25, 2014, at 8:00 a.m. EST filed by General Motors LLC. (Solh, Chahira)
November 5, 2014 Filing 1388 Expedited Non-Appeal Transcript Order Form for proceedings held on 11/05/2014 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 11/12/2014 filed by Indirect Purchaser Class, Indirect Purchasers. (Kerger, Richard)
November 5, 2014 Filing 1387 Expedited Non-Appeal Transcript Order Form for proceedings held on 11/05/2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: 11/12/2014 filed by Future Foam, Inc.. (Passarelli, John)
November 5, 2014 Filing 1386 SEALED Document: Woodbridge Defendants' Response to Plaintiffs' Request to Supplement the Summary Judgment Record filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 . (France, Jamie)
November 4, 2014 Filing 1385 SEALED Document: Statement Concerning the Nov. 3, 2014 Status Report Submitted by Plaintiffs and Future Foam, Inc. filed by FXI-Foamex Innovations, Inc.. Related document(s) # 42 . (Newell, Francis)
November 4, 2014 Opinion or Order Filing 1384 Order denying # 1366 Sealed Motion for continued stay and approving class notice. This Court grants the Indirect Purchaser Plaintiffs' Motion for Approval of Class Notice (the original Motion was denied without prejudice (Doc. # 1334 )) which has been informally renewed by an October 15 e-mail. Indirect Purchaser Class Counsel requests approval of Class Notice, and asks to set a Final Approval Hearing on the Settlement with Domfoam and Valle (Doc. # 1118 ). Indirect Purchaser Class Counsel has provided updated short and long form class notices. Defendants have voiced no opposition to the contents of either the proposed class notices or the notice plan. Defendants received copies of the long and short form notice prior to October 15. Before notice issues, however, Indirect Purchaser Class Counsel must address certain "nits" which this Court will send by e-mail. Signed by Judge Jack Zouhary (MDL2196) on 11/4/2014.(K,K)
November 4, 2014 Filing 1383 Attorney Appearance of Sanford I. Weisburst by Adam B. Wolfson filed by on behalf of Direct Purchaser Class. (Wolfson, Adam) Modified text 11/4/2014 (K,K).
November 3, 2014 Filing 1382 SEALED Document: Defendants' Reply in Support of # 1366 Motion for Continuation of the Stay of Class Notice Pending the Filing and Disposition of a Petition for a Writ of Certiorari filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 . (France, Jamie) Modified to add link 11/4/2014 (K,K).
November 3, 2014 Filing 1381 SEALED Motion to Bifurcate Trial and Request for Hearing pursuant to FRE 104 filed by MDL Notice Only FXI-Foamex Innovations, Inc. Related document # 42 . (Attachments: # 1 Brief in Support, # 2 Affidavit Declaration of Michael H. Steinberg, # 3 Exhibit A - Appendix to Direct Purchaser (Class) Plaintiffs' Omnibus Memorandum in Opposition to Defendants' Motions for Summary Judgment and Daubert Motions, # 4 Exhibit B - Declaration of Tammy Jacovides)(Newell, Francis)
November 3, 2014 Filing 1380 SEALED Document: Dr. Leitzinger Rebuttal Report Exhibit 7 filed by Direct Purchaser Class. Related document(s) # 42 , # 1379 . (Wolfson, Adam)
November 3, 2014 Filing 1379 Motion for preliminary approval of settlement with Defendant Leggett & Platt, Incorporated; and Motion for approval of notice plan of class certification and settlement filed by Plaintiff Direct Purchaser Class. (Attachments: # 1 Brief in Support, # 2 Exhibit A - L&P Settlement Agreement, # 3 Exhibit B - Proposed Summary Notice, # 4 Exhibit C - Proposed Long Form Notice, # 5 Exhibit D - Declaration of Lael Dowd)(Wolfson, Adam). Modified text to match filing; Added Motion ; notice regenerated on 11/3/2014 (K,K).
October 31, 2014 Filing 1378 Attorney Appearance of James C. Grant and Douglas G. Scribner by Matthew L. Dowell filed by on behalf of Mohawk Industries, Inc.. (Dowell, Matthew)
October 31, 2014 Filing 1377 Notice of Appearance filed by Michael H. Steinberg and Adam S. Paris.(K,K)
October 31, 2014 Filing 1376 Attorney Appearance Theane Evangelis by Jamie E. France filed by on behalf of Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
October 27, 2014 Filing 1375 Opposition to # 1366 SEALED Motion For a Continuation of the Stay of Class Notice Pending the Filing and Disposition of a Petition for a Writ of Certiorari # 42 filed by Indirect Purchaser Class. (Miller, Marvin)
October 27, 2014 Opinion or Order Filing 1374 Order Re: October 22 Phone Conference. Plaintiffs and Defendant Future Foam will meet and confer regarding # 1364 Motion for leave to Reopen Discovery on an Expedited Basis for the Limited Purpose of Inquiring Into Potential Perjury and Destruction of Evidence . The parties will by Monday, November 3, 2014 submit to Chambers a joint letter, explaining either (1) the parties agreed-on resolution of the Motion or (2) competing views on whether and how limited discovery should occur. Related documents # 1363 , # 1367 . Signed by Judge Jack Zouhary on 10/27/2014. (K,K)
October 27, 2014 Filing 1373 SEALED Document: The Direct Purchaser Class's Opposition to Defendants' Motion for a Continuation of the Stay of Class Notice Pending the Filing and Disposition of a Petition for a Writ of Certiorari filed by Direct Purchaser Class. Related document(s) # 42 , # 1366 . (Wolfson, Adam)
October 24, 2014 Filing 1372 SEALED Document: Response to Plaintiffs' Request to Supplement the Summary Judgment Record filed by FXI-Foamex Innovations, Inc.. Related document(s) # 42 , # 1363 . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ryan, Peter)
October 22, 2014 Filing 1371 Notice to take Deposition of Frank A. Wolak, Ph.D. (Certain Direct Action Plaintiffs' Expert) on October 28, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 17, 2014 Filing 1370 Response to # 1364 Motion for leave to Reopen Discovery on an Expedited Basis for the Limited Purpose of Inquiring Into Potential Perjury and Destruction of Evidence filed by Future Foam, Inc.. (Passarelli, John)
October 17, 2014 Filing 1369 Marginal Entry Order granting # 1367 Direct Action Plaintiffs' Joinder in the Direct and Indirect Class Plaintiff's Motion to Re-open Discovery on an Expedited Basis for a Limited Purpose. Judge Jack Zouhary (MDL2196)on 10/17/2014.(D,L)
October 17, 2014 Opinion or Order Filing 1368 Order granting # 1361 Motion of FXI to unseal Its Motion for Judicial Notice and Certain Exhibits to FXI's Reply in Support of Summary Judgment. Judge Jack Zouhary (MDL2196) on 10/17/2014.(D,L)
October 17, 2014 Filing 1367 Motion for joinder in IPPs & DPPs Motion to Re-Open Discovery on an Expedited Basis For a Limited Purpose filed by Plaintiff Direct Action Plaintiff(s). Related document(s) # 1364 . (Blechman, William) Document states filed under seal in error. Confirmed with Attorney 10/17/14. Modified text on 10/17/2014 (B,R).
October 16, 2014 Filing 1366 SEALED Motion For a Continuation of the Stay of Class Notice Pending the Filing and Disposition of a Petition for a Writ of Certiorari # 42 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 . (France, Jamie)
October 16, 2014 Filing 1365 SEALED Document: Sealed Exhibit B (Lake Deposition Excerpts) filed by Direct Purchaser Class. Related document(s) # 42 , # 1364 . (Wolfson, Adam)
October 16, 2014 Filing 1364 Motion for leave to Reopen Discovery on an Expedited Basis for the Limited Purpose of Inquiring Into Potential Perjury and Destruction of Evidence filed by Plaintiff Direct Purchaser Class. (Attachments: # 1 Affidavit of Adam B. Wolfson)(Wolfson, Adam)
October 16, 2014 Filing 1363 SEALED Document: Direct Purchaser Class Plaintiffs' Request to Supplement the Summary Judgment Factual Record With Recently-Obtained Deposition Testimony filed by Direct Purchaser Class. Related document(s) # 42 , # 1343 . (Attachments: # 1 Exhibit A (Flora Deposition Excerpts), # 2 Exhibit B (Sager Deposition Excerpts), # 3 Exhibit C (Pasquarelli Deposition Excerpts))(Wolfson, Adam)
October 15, 2014 Filing 1362 Amended Notice to take Deposition of Dominic Sinopoli on November 25, 2014 filed by General Motors LLC. (Solh, Chahira)
October 15, 2014 Filing 1361 Motion to unseal FXI's Motion for Judicial Notice and Certain Exhibits to FXI's Reply in Support of Summary Judgment filed by MDL Notice Only FXI-Foamex Innovations, Inc.. Related document(s) # 1360 , # 1359 . (Attachments: # 1 Proposed Order)(Ryan, Peter)
October 10, 2014 Filing 1360 SEALED Motion for Judicial Notice # 42 , # 1359 filed by MDL Notice Only FXI-Foamex Innovations, Inc.. Related document(s) # 42 , # 1359 . (Ryan, Peter)
October 10, 2014 Filing 1359 SEALED Document: Reply in Support of Motion for Summary Judgment filed by FXI-Foamex Innovations, Inc.. Related document(s) # 42 , # 1326 . (Attachments: # 1 Affidavit Declaration of Peter Ryan - sealed, # 2 Affidavit Declaration of Peter Ryan - unsealed, # 3 Index Table of Exhibits - sealed, # 4 Exhibit 46, # 5 Exhibit 47, # 6 Exhibit 48, # 7 Exhibit 49 - 52, # 8 Exhibit 53 - 54, # 9 Exhibit 55, # 10 Exhibit 56, # 11 Exhibit 57, # 12 Exhibit 58, # 13 Exhibit 59, # 14 Exhibit 60 - 64, # 15 Exhibit 65 part 1, # 16 Exhibit 65 part 2, # 17 Exhibit 65 part 3, # 18 Exhibit 65 part 4, # 19 Exhibit 65 part 5, # 20 Exhibit 65 part 6, # 21 Exhibit 66, # 22 Index Table of Exhibits - unsealed, # 23 Exhibit 67 - 70, # 24 Exhibit 71, # 25 Exhibit 72, # 26 Exhibit 73, # 27 Exhibit 74, # 28 Exhibit 75, # 29 Exhibit 76)(Ryan, Peter)
October 10, 2014 Filing 1358 SEALED Document: Request for Judicial Notice filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 1357 . (France, Jamie)
October 10, 2014 Filing 1357 SEALED Document: Reply in Support of Motion for Summary Judgment filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 . (France, Jamie)
October 10, 2014 Filing 1356 SEALED Document: Reply in Support of Motion for Summary Judgment filed by FFP Holdings, LLC. Related document(s) # 42 , # 1321 , # 1343 . (Attachments: # 1 Exhibit 35 Part 1 of 2 - FFPs Competitors Comments, # 2 Exhibit 35 Part 2 of 2 - FFPs Competitors Comments, # 3 Exhibit 36 - Terrill Deposition, # 4 Exhibit 37 - Briney Deposition)(Pollack-Milgate, Deborah)
October 10, 2014 Filing 1355 SEALED Document: Joint Reply Brief in Support of Defendants' Joint Daubert Motions, Joint Motions for Summary Judgment, and Respective Individual Motions for Summary Judgment filed by FFP Holdings, LLC, Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 1328 . (Attachments: # 1 Appendix in Support of Motion for Summary Judgment, # 2 Exhibit JR-Ex. 1, Declaration of Michelle Burtis re 8/29/2013 expert report, # 3 JR-Ex. 2, Declaration of Michelle Burtis re 5/15/2014 expert report, # 4 JR-Ex. 3, Declaration of Dennis Carlton re 5/15/2014 expert report, # 5 JR-Ex. 4, Declaration of Peter Greenhalgh re 5/15/2014 expert report, # 6 JR-Ex. 5, Declaration of Joseph Kalt re 5/15/2014 expert report, # 7 JR-Ex. 6, Declaration of Howard Marvel re 5/15/2014 expert report, # 8 JR-Ex. 7, Declaration of William Myslinski re 5/15/2014 expert report, # 9 JR-Ex. 8, Declaration of Janusz Ordover re 8/29/2013 expert report, # 10 JR-Ex. 9, Declaration of Earl Silbert re re 5/15/2014 expert report, # 11 JR-Ex. 10, Declaration of Roy Welsch re 5/15/2014 expert report)(Dowell, Matthew)
October 10, 2014 Filing 1354 Reply in support of # 1324 SEALED Motion Future Foam Inc.'s Motion for Summary Judgment # 42 filed by Future Foam, Inc.. (Attachments: # 1 Index of Evidence in Support of Reply Memorandum in Support of Future Foam's Motion for Summary Judgment, # 2 Exhibit 1 - Blinn Declaration, # 3 Exhibit L - Jack Lens Deposition Transcript Excerpts, # 4 Exhibit M - Jeff Carter Deposition Excerpts, # 5 Exhibit N - Bruce Schneider May, 2014 Deposition Excerpts, # 6 Exhibit O - Future Foam Supplemental Interrogatory Responses, # 7 Exhibit P - Exemplar of Future Foam Price Increase Announcements, # 8 Exhibit 2 and Exhibit Q - Declaration and Substitute Expert Report of Earl Silbert, # 9 Exhibit 3 and Exhibit R - Declaration and Substitute Expert Report of Dr. Joseph Kalt)(Blinn, Meghan)
October 10, 2014 Filing 1353 SEALED Document: Reply Brief in Support of Mohawk Industries, Inc.'s Motion for Summary Judgment filed by Mohawk Industries, Inc.. Related document(s) # 42 , # 1325 , # 1328 . (Attachments: # 1 Appendix in Support of Motion for Summary Judgment and Exhibits MR-Ex. 1-4)(Dowell, Matthew)
October 10, 2014 Filing 1352 Reply in support of # 1328 SEALED Motion Defendants' Motions for Summary Judgment and Daubert Motions # 42 , # 1308 and # 1322 SEALED Motion for Summary Judgment filed by Hickory Springs Manufacturing Company filed by Hickory Springs Manufacturing Company. (Attachments: # 1 Appendix to Reply Brief Exhibits, # 2 Exhibit Deposition Excerpts labeled as Exhibits 1-5 to Reply Brief)(McGuire, Matthew)
October 9, 2014 Filing 1351 Notice to take Deposition of Robert Bisiorek on December 17, 2014 filed by General Motors LLC. (Solh, Chahira)
October 8, 2014 Filing 1350 Attorney Appearance of Caitlin Schroeder as counsel for FFP Holdings, LLC filed by Kendall Millard filed by on behalf of FFP Holdings, LLC. (Millard, Kendall)
October 8, 2014 Filing 1349 Attorney Appearance of Christopher Bayh as counsel for FFP Holdings, LLC filed by Kendall Millard filed by on behalf of FFP Holdings, LLC. (Millard, Kendall)
October 7, 2014 Filing 1348 Transcript of Phone Conference held on September 10, 2014 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [14 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/14/2014. Redaction Request due 10/28/2014. Redacted Transcript Deadline set for 11/7/2014. Release of Transcript Restriction set for 1/5/2015. (N,A)
October 1, 2014 Filing 1347 Notice of Supplemental Authority filed by Direct Purchaser Class. Related document(s) # 1343 .(Wolfson, Adam)
September 30, 2014 Filing 1346 Notice to take Deposition of Daniel Sceli on December 10, 2014 filed by General Motors LLC. (Attachments: # 1 Exhibit A - Subpoena to Testify at Depo to Daniel Sceli)(Solh, Chahira)
September 30, 2014 Filing 1345 Appeal Order from USCA for the Sixth Circuit: The motion to seal the petition, the motion to seal the supplemental petition, the Direct Purchasers and Indirect Purchasers motions to seal their responses to the petition are Granted in Part. The parties are Directed to file a public version of their pleadings which redacts any reference to sealed information in the district court. Failure to do so within seven days of this order shall result in the pleading(s), presently sealed pending a ruling on these motions, being unsealed. The motion to seal the motion for leave to file a supplemental brief, the motion to seal the response and reply to the motion for leave to file a supplemental petition, the motion to seal the motion for leave to file a reply to the petition, and the motion to seal the response to the motion for leave to file a reply to the petition are Denied. The motions to seal the appendices are Granted. The motion to file a supplemental petition is Granted. The motion for leave to file a reply to the petition is Denied and the reply is Ordered Stricken. The petition and supplemental petition are Denied (USCA# 14-0302). Circuit Judges: Suhrheinrich, Siler, and Gibbons. Date issued by USCA 9/29/14 (H,SP)
September 26, 2014 Filing 1344 Amended Notice to take Deposition of Dr. Orley Ashenfelter on November 14, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (McGuire, Matthew)
September 25, 2014 Filing 1343 SEALED Document: Direct Purchaser Class Plaintiffs' Omnibus Memorandum in Opposition to Defendants' Motions for Summary Judgment and Daubert Motions filed by Direct Purchaser Class. Related document(s) # 42 , # 1322 , # 1329 , # 1324 , # 1325 , # 1321 , # 1327 , # 1328 , # 1326 . (Attachments: # 1 Index of Cited Exhibits, Depositions, and Expert Reports, # 2 Exhibit 1-10, # 3 Exhibit 11-25, # 4 Exhibit 26-35, # 5 Exhibit 36-37, # 6 Exhibit 38.1, # 7 Exhibit 38.2, # 8 Exhibit 39-42, # 9 Exhibit 43.1, # 10 Exhibit 43.2, # 11 Exhibit 43.3, # 12 Exhibit 43.4, # 13 Exhibit 44-75, # 14 Exhibit 76-125, # 15 Exhibit 126-175, # 16 Exhibit 176-215, # 17 Exhibit 216-222, # 18 Exhibit 223-230, # 19 Exhibit 231-250, # 20 Exhibit 251-268, # 21 Appendix A (May 1999-Aug 1999), # 22 Appendix B (Mar 2000-Jun 2000), # 23 Appendix C (Nov 2000-Dec 2000), # 24 Appendix D (Jan 2001- Apr 2001), # 25 Appendix E (Jul 2001-Oct 2001), # 26 Appendix F (Feb 2002-Jul 2002), # 27 Appendix G (Aug 2002-Dec 2002), # 28 Appendix H (Jan 2003-Apr 2003), # 29 Appendix I (Jul 2003-Sep 2003), # 30 Appendix J (Jan 2004-Jul 2004), # 31 Appendix K (Aug 2004-Sep 2004), # 32 Appendix L (Oct 2004-Dec 2004), # 33 Appendix M (Jan 2005-Apr 2005), # 34 Appendix N (Aug 2005-Sep 2005), # 35 Appendix O (Sep 2005-Jan 2006), # 36 Appendix P (Jan 2006-May 2006), # 37 Appendix Q Part 1 (Jun 2006-Jul 2006), # 38 Appendix Q Part 2 (Jun 2006-Jul 2006), # 39 Appendix R (May 2007-Jun 2007), # 40 Appendix S Part 1 (Sep 2007-Dec 2007), # 41 Appendix S Part 2 (Sep 2007-Dec 2007), # 42 Appendix T Part 1 (Jan 2008-Jun 2008), # 43 Appendix T Part 2 (Jan 2008-Jun 2008), # 44 Appendix U Part 1 (Jul 2008-Aug 2008), # 45 Appendix U Part 2 (Jul 2008-Aug 2008), # 46 Appendix V Part 1 (Sep 2008-Nov 2008), # 47 Appendix V Part 2 (Sep 2008-Nov 2008), # 48 Appendix W (Apr 2009-Jun 2009), # 49 Appendix X (Jul 2009-Aug 2009), # 50 Appendix Y (Sep 2009-Dec 2009), # 51 Appendix Z (Jan 2010-Mar 2010), # 52 Appendix AA (Apr 2010-May 2010), # 53 Appendix BB (Jun 2010-Aug 2010), # 54 Exhibit Deposition Exhibits A-K, # 55 Exhibit Deposition Exhibits L-Y, # 56 Exhibit Expert Reports - Part 1, # 57 Exhibit Expert Reports - Part 2, # 58 Affidavit of Adam B. Wolfson)(Wolfson, Adam)
September 25, 2014 Filing 1342 Notice of Cross-Motion Under Fed. R. Civ. P. 56(f)(1) for Partial Summary Judgment Regarding the Adequacy of Foamex International, Inc.'s Notice in its 2009 Bankruptcy filed by Direct Purchaser Class. (Wolfson, Adam)
September 25, 2014 Filing 1341 Notice to take Deposition of Dominic Sinopoli on October 28, 2014 filed by General Motors LLC. (Solh, Chahira)
September 24, 2014 Filing 1340 Marginal Entry Order granting Motion of Matthew S. Noren to withdraw as attorney of record for Future Foam, Inc. (Related Doc # 1339 ). Judge Jack Zouhary on 9/24/14.(S,R)
September 23, 2014 Filing 1339 Motion by Matthew S. Noren to withdraw as attorney filed by Future Foam, Inc. (Noren, Matthew) Modified on 9/24/2014 (S,R).
September 17, 2014 Filing 1338 Notice to take Deposition of Agostino (Gus) Pasquarelli on October 9, 2014 filed by General Motors LLC. (Solh, Chahira)
September 17, 2014 Filing 1337 Notice to take Deposition of Robert Sager on October 2, 2014 filed by General Motors LLC. (Solh, Chahira)
September 17, 2014 Filing 1336 Notice to take Deposition of David Flora on September 30, 2014 filed by General Motors LLC. (Solh, Chahira)
September 11, 2014 Filing 1335 Non-Appeal Transcript Order Form for proceedings held on 9/10/2014 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 10/10/2014 filed by Leggett & Platt, Inc.. (Warncke, Daniel)
September 10, 2014 Opinion or Order Filing 1334 Minute Order of Telephone Conference held on 9/10/2014. Defendants' Motion to Enforce the Scheduling Order and for Protective Order ForbiddingPlaintiffs' Untimely Subpoenas (Doc. # 1332 ) is denied. The Indirect Purchaser Class's Motion for Approval of Form of Class Notice and Notice Plan and to Set a Final Approval Hearing on the Settlement with Domfoam and Valle (Doc. # 1118 ) is denied without prejudice. Status Conference set for 12/5/2014 at 10:00 AM before Judge Jack Zouhary. Depending on the agenda, the conference may be in person or by phone. Signed by Judge Jack Zouhary on 9/10/2014. (Time: 30 minutes.)(S,R)
September 5, 2014 Opinion or Order Filing 1333 Order Re: Dismissal with prejudice of action between CAP Carpet, Inc. and Mohawk in case 3:13-pf-10004. (related doc. # 1331 ). Judge Jack Zouhary on 9/5/2014. (S,R)
September 4, 2014 NOTICE [non-document]. Final Pretrial Conference set for 10/2/14 is vacated. (S,Na)
September 3, 2014 Filing 1332 SEALED Motion to Enforce the Scheduling Order and for a Protective Order Forbidding Plaintiffs' Untimely Subpoenas # 42 , # 1330 , # 1317 , # 1320 , # 1137 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 1330 , # 1317 , # 1320 , # 1137 . (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Renfro Subpoenas, # 3 Exhibit 2 - Briney Deposition, # 4 Exhibit 3 - Johnson Deposition, # 5 Exhibit 4 - August 2013 Document Subpoenas, # 6 Exhibit 5 - Charak and Swoboda Deposition Subpoenas, # 7 Exhibit 6 - February 2014 Novion email, # 8 Exhibit 7 - February 2014 Wolfson email, # 9 Exhibit 8 - Charak Deposition)(Love, Bradley)
September 3, 2014 Filing 1331 Stipulation of Dismissal with Prejudice filed by CAP Carpet, Inc.. (Attachments: # 1 Proposed Order re: Stipulation of Dismissal with Prejudice)(Beil, William)
August 26, 2014 Filing 1330 Amended Subpoena Ad Testificandum to Third Party Duane Renfro filed by Direct Purchaser Class. (Wolfson, Adam)
August 25, 2014 Filing 1329 SEALED Motion for Summary Judgment in accordance with FRCP 56 filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. Related document(s) # 42 . (Attachments: # 1 Memorandum in Support, # 2 Appendix Index of Exhibits, # 3 Exhibit A Pace Expert Deposition, # 4 Exhibit B Greenhalgh Expert Deposition)(S,R)
August 25, 2014 Filing 1328 SEALED Motion Defendants' Motions for Summary Judgment and Daubert Motions filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. Related document(s) # 42 , # 1308 . (Attachments: # 1 Brief in Support, # 2 Appendix (Exhibit Table of Contents), # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E (Part 1 of 2), # 8 Exhibit E (Part 2 of 2), # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S, # 23 Exhibit T, # 24 Exhibit U, # 25 Exhibit V, # 26 Exhibit W, # 27 Exhibit X, # 28 Exhibit Y, # 29 Exhibit 1, # 30 Exhibit 2, # 31 Exhibit 3, # 32 Exhibit 4, # 33 Exhibit 5, # 34 Exhibit 6, # 35 Exhibit 7, # 36 Exhibit 8, # 37 Exhibit 9, # 38 Exhibit 10, # 39 Exhibit 11, # 40 Exhibit 12, # 41 Exhibit 13, # 42 Exhibit 14, # 43 Exhibit 15, # 44 Exhibit 16, # 45 Exhibit 17, # 46 Exhibit 18, # 47 Exhibit 19, # 48 Exhibit 20, # 49 Exhibit 21, # 50 Exhibit 22, # 51 Exhibit 23, # 52 Exhibit 24, # 53 Exhibit 25, # 54 Exhibit 26, # 55 Exhibit 27, # 56 Exhibit 28, # 57 Exhibit 29, # 58 Exhibit 30, # 59 Exhibit 31, # 60 Exhibit 32, # 61 Exhibit 33, # 62 Exhibit 34, # 63 Exhibit 35, # 64 Exhibit 36, # 65 Exhibit 37, # 66 Exhibit 38, # 67 Exhibit 39, # 68 Exhibit 40, # 69 Exhibit 41, # 70 Exhibit 42, # 71 Exhibit 43, # 72 Exhibit 44, # 73 Exhibit 45, # 74 Exhibit 46, # 75 Exhibit 47, # 76 Exhibit 48, # 77 Exhibit 49, # 78 Exhibit 50, # 79 Exhibit 51, # 80 Exhibit 52, # 81 Exhibit 53, # 82 Exhibit 54, # 83 Exhibit 55)(Lukitsch, Bethany) Modified on 8/26/2014 (S,R).
August 25, 2014 Filing 1327 Motion Take Judicial Notice of Certain Documents in Connection with FXI's Motion for Summary Judgment filed by FXI-Foamex Innovations, Inc. Related document(s) # 1326 . (Newell, Francis) Modified on 8/26/2014 (S,R).
August 25, 2014 Filing 1326 SEALED Motion for Summary Judgment filed by FXI-Foamex Innovations, Inc. Related document(s) # 1308 , # 42 . (Attachments: # 1 Brief in Support, # 2 Appendix, # 3 Appendix Ex. 1, # 4 Appendix Ex. 2-3, # 5 Appendix Ex. 4-6, # 6 Appendix Ex. 7-8, # 7 Appendix Ex. 9, # 8 Appendix Ex. 10, # 9 Appendix Ex. 11-12, # 10 Appendix Ex. 13-14, # 11 Appendix Ex. 15-17, # 12 Appendix Ex. 18-21, # 13 Appendix Sealed, # 14 Appendix Ex. 22, # 15 Appendix Ex. 23-24, # 16 Appendix Ex. 25, # 17 Appendix Ex. 26, # 18 Appendix Ex. 27, # 19 Appendix Ex. 28-29, # 20 Appendix Ex. 30-31, # 21 Appendix Ex. 32-34, # 22 Appendix Ex. 35-38, # 23 Appendix Ex. 39-41, # 24 Appendix Ex. 42-43, # 25 Appendix Ex. 44-45, # 26 Proposed Order)(Newell, Francis) Modified on 8/26/2014 (S,R). (Additional attachment(s) added on 8/27/2014: # 27 Table of Appendix Exhibits, # 28 Table of Sealed Appendix Exhibits) (S,R).
August 25, 2014 Filing 1325 SEALED Motion for Summary Judgment filed by Mohawk Industries, Inc. Related document(s) # 42 . (Attachments: # 1 Brief in Support of Motion for Summary Judgment, # 2 Appendix in Support of Motion for Summary Judgment (Index), # 3 Appendix in Support of Motion for Summary Judgment, Exhibits 1-9, # 4 Appendix in Support of Motion for Summary Judgment, Exhibits 10-19, # 5 Appendix in Support of Motion for Summary Judgment, Exhibits 20-23)(Dowell, Matthew) Modified on 8/26/2014 (S,R).
August 25, 2014 Filing 1324 SEALED Motion Future Foam Inc.'s Motion for Summary Judgment filed by Future Foam, Inc. Related document(s) # 42 . (Attachments: # 1 Brief in Support Future Foam, Inc.'s Memorandum in Support of Summary Judgment, # 2 Index of Evidence, # 3 Exhibit 1 - Declaration of Meghan Blinn, # 4 Exhibit A - Bruce Schneider Deposition Excerpts, # 5 Exhibit B - Marc Vitale Deposition Excerpts, # 6 Exhibit C - Expert Report of Dr. Kalt, # 7 Exhibit D - Marc Vitale 30(b)(6) Deposition Excerpts, # 8 Exhibit E - Documents Produced by Future Foam, Inc., # 9 Exhibit F - Carpenter 30(b)(6) Deposition Excerpts, # 10 Exhibit G - Michael Faus Deposition Excerpts, # 11 Exhibit H - Jack Lens Deposition Excerpts, # 12 Exhibit I - Vitafoam 30(b)(6) Deposition Excerpts, # 13 Exhibit J - Jeff Carter Deposition Excerpts, # 14 Exhibit K - Expert Report of Earl Silbert, # 15 Exhibit 2 - Declaration of Mike Blatt)(Blinn, Meghan) Modified on 8/26/2014 (S,R).
August 25, 2014 Filing 1323 SEALED Motion The Carpenter Defendants' Motion for Summary Judgment and Incorporated Daubert Motions filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. Related document(s) # 42 , # 1308 . (Attachments: # 1 Brief in Support, # 2 Appendix (Exhibit Table of Contents), # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8)(Lukitsch, Bethany) Modified on 8/26/2014 (S,R).
August 25, 2014 Filing 1322 SEALED Document: Motion for Summary Judgment filed by Hickory Springs Manufacturing Company. Related document(s) # 1308 . (Attachments: # 1 Brief in Support, # 2 Appendix Supplementary Exhibit Index, # 3 Exhibit s 1-30, # 4 Exhibit s 31-61, # 5 Exhibit 62, # 6 Exhibit s 63-64)(McGuire, Matthew)
August 25, 2014 Filing 1321 SEALED Motion FFP Holdings, LLC's Motion and Memorandum of Law in Support of Summary Judgment filed by FFP Holdings, LLC. Related document(s) # 42 . (Attachments: # 1 Exhibit 1 - June 24, 2004 Email from Joe York, # 2 Exhibit 2 - Expet Report of Howard Marvel, 3-15-2014, # 3 Exhibit 3 - VitaFoam 30b6 Depo Transcript, 3-18-2014, # 4 Exhibit 4 - Douglas Terrill Depo Transcript 9-24-2013, # 5 Exhibit 5 - Asset Purchase Among Hickory Springs and Complaint, # 6 Exhibit 6 - Jeffrey Briney Depo Transcript 4-2-2013, # 7 Exhibit 7 - Compilation of documents as identified in Figure 5, # 8 Exhibit 8, Part 1 Compilation of Additional Competitor Descriptions, # 9 Exhibit 8, Part 2 - Continued, # 10 Exhibit 8, Part 3 - Continued, # 11 Exhibit 8, Part 4 - Continued, # 12 Exhibit 8, Part 5 - Continued, # 13 Exhibit 9 - Compilation of Documents as Identified in Figure 6, # 14 Exhibit 10- Belden Foam & fiber 30b6 Depo Transcript 11-7-2013, # 15 Exhibit 11 - Polyurethan Strategy, # 16 Exhibit 12 - Compilation of Documents as Identified in Figure 7A, # 17 Exhibit 13 - Compilation of Documents as Identified in Figure 7B, # 18 Exhibit 14 - Compilation of Communications from Customers, # 19 Exhibit 15 - July 22, 2009 Email chain among FFP personnel, # 20 Exhibit 16 - Michael Crowell Depo Transcript 4-3-2013, # 21 Exhibit 17 - Compilation of documents as Identified in Figure 9, # 22 Exhibit 18 - Jan Denenberg Depo Transcript 2-7-2014, # 23 Exhibit 19 - Email documents concerning Customers, # 24 Exhibit 20 - July 1 and 5, 2009 Email chain, # 25 Exhibit 21 - National Bedding Company, LLC Depo Transcript 12-3-2013, # 26 Exhibit 22 - Flex Foam 36b Depo Transcript 2-21-2014, # 27 Exhibit 23 - Summary Chart of Defendants' Price Increase, # 28 Exhibit Analysis of Variations by Price, # 29 Exhibit 25 - Chart of Price Increase Letters, # 30 Exhibit 26 - Direct Purchaser Plaintiff's Interrogatory Answers, # 31 Exhibit 27 - 10-23-2009 Email from Chris Mulenos, # 32 Exhibit 28 - June 10, 2010 email from Bus Culotta, # 33 Exhibit 29 - June 2010 FFP email chain, # 34 Exhibit 30 - June 2010 FFP email chain re Atlanta West, # 35 Exhibit 31 - June 2010 FFP Email chain re Weekly Report, # 36 Exhibit 32 - June 8, 2010 Email from Rich Whitling, # 37 Exhibit 33 - June 15, 2010 email from Bill Kuhn, # 38 Exhibit 34 - September 27, 2007 email from Andrew Thompson)(Pollack-Milgate, Deborah) Modified on 8/26/2014 (S,R).
August 25, 2014 Filing 1320 Deposition Subpoena to Third Party Duane Renfro filed by CAP Carpet, Inc., LaCrosse Furniture Company. (Boulware, Brandon)
August 21, 2014 Filing 1319 Notice to take Deposition of Dr. Debra J. Aron on September 8, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
August 20, 2014 Opinion or Order Filing 1318 Order Denying Request by Woodbridge Defendants for Briefing Extension. See Order for details. Judge Jack Zouhary (MDL2196) on 8/20/2014. (D,L) (Additional attachment(s) added on 8/20/2014: # 1 E-mail Correspondence) (D,L).
August 20, 2014 Filing 1317 Deposition Subpoena to Third Party Duane Renfro (to be held November 13, 2014) filed by Direct Purchaser Class. (Wolfson, Adam)
August 18, 2014 Filing 1316 Amended Notice to take Deposition of Dr. Orley Ashenfelter on September 5, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (McGuire, Matthew)
August 15, 2014 Opinion or Order Filing 1315 Order Staying Direct Purchaser Class Case Against Defendant Leggett & Platt, Inc. Judge Jack Zouhary on 8/15/2014. (S,R)
August 15, 2014 Filing 1314 Notice to take Deposition of Frank A. Wolak, Ph. D. on August 29, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., FFP Holdings, LLC, Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Love, Bradley)
August 12, 2014 Filing 1313 Appointment Order for Special Master David R. Cohen pursuant to FRCP 53(b)(2).. Judge Jack Zouhary on 8/12/14. (Attachments: # 1 Exhibit A Affidavit of David R. Cohen)(S,R)
August 12, 2014 Opinion or Order Filing 1312 Order FFP Holdings, LLC and Foamex Innovations, Inc.'s # 1292 Motion to Strike and Exclude is denied. Judge Jack Zouhary on 8/12/14.(S,R)
August 12, 2014 Opinion or Order Filing 1311 Order granting Defendant Mohawk Industries, Inc.'s # 1221 Motion to Compel Arbitration and Stay Claims. Judge Jack Zouhary on 7/12/2014.(S,R)
August 12, 2014 Filing 1310 Notice of Service of Amended Subpoena Duces Tecum upon Third Party Lear Corporation filed by FFP Holdings, LLC. (Pollack-Milgate, Deborah)
August 10, 2014 Filing 1309 SEALED Document: Sealy Plaintiffs' One-Sentence Supplement to Memorandum Opposing Defendants' Motion to Exclude Dr. Leffler's Damage Model filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. Related document(s) # 42 , # 1305 . (Blechman, William)
August 8, 2014 Filing 1308 SUMMARY JUDGMENT BRIEFING PROTOCOL. Parties shall brief MSJs according to the guidelines set forth in attached Order. Defendants shall have a total of up to 200 pages (combined) for their respective briefs in support of MSJs and applicable Daubert challenges. Direct Purchaser Class shall have a total of up to 140 pages for their opposition to Defendants' MSJs and applicable Daubert challenges. Defendants shall have a total of up to 80 pages (combined) for replies in support of their respective MSJs and applicable Daubert challenges. Clerk shall strike any filing that fails to comply with guidelines/requirements. Judge Jack Zouhary (MDL2196) on 8/8/14. (S,Na)
August 8, 2014 Filing 1307 BRIEFING SCHEDULE AND TRIAL ORDER. Court amends deadlines set forth in its previous Order # 1272 as follows: MSJs due 8/25/14; Oppositions to MSJs due 9/25/14; Replies in Support of MSJs 10/10/14; Motions in Limine/Daubert Motions due 11/10/14; Oppositions to Motions in Limine due 11/24/14; Hearing (in-person) (agenda TBD) set for 12/5/14 at 10:00 AM; Jury Selection and Trial to follow beginning on 2/3/15. Court declines to accept MSJ briefing from a DAP case at this time. The DAP cases will continue on a separate track and the February 2015 trial will be limited to the Direct Purchaser Class. The MSJ protocols, which reflect an increase in page limitations, is filed contemporaneously with this Order. Judge Jack Zouhary (MDL2196) on 8/8/14.
August 7, 2014 Filing 1306 Amended Notice to take Deposition of Matthew Prascius on August 13, 2014 filed by General Motors LLC. (Solh, Chahira)
August 7, 2014 Filing 1305 SEALED Document: Sealy Plaintiffs' Memorandum in Opposition to Defendants Foamex and Flexible Foam's Motion to Exclude Dr. Leffler's Damage Model filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. Related document(s) # 42 , # 1292 . (Attachments: # 1 Exhibit Leffler Rebuttal Report, # 2 Exhibit Leffler Initial Report, # 3 Exhibit Leffler 7-15-14 Dep. Transcript, # 4 Exhibit Marvel Report, # 5 Exhibit Greenhalgh Report, # 6 Exhibit Myslinski Errata, # 7 Exhibit Leffler 4-25-14 Dep. Transcript, # 8 Exhibit Marvel Dep. Transcripts, # 9 Exhibit Greenhalgh Dep. Transcript Vol II)(Blechman, William)
August 7, 2014 Filing 1304 Marginal Entry Order denying Mohawk Industries, Inc.'s Motion for leave to file supplemental brief (Related Doc # 1300 ). Judge Jack Zouhary on 8/7/2014.(S,R)
August 7, 2014 Filing 1303 Non-Appeal Transcript Order Form for proceedings held on July 31, 2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: September 5, 2014 filed by FXI-Foamex Innovations, Inc.. (Coller, F.)
August 7, 2014 Filing 1302 Notice of Appearance by Brian Kint filed on behalf of Foam Ex Innovations, Inc. (S,R)
August 6, 2014 Filing 1301 Transcript of Status/Phone Conference held on July 31, 2014 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [57 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 8/13/2014. Redaction Request due 8/27/2014. Redacted Transcript Deadline set for 9/8/2014. Release of Transcript Restriction set for 11/4/2014. (N,A)
August 5, 2014 Filing 1300 Motion for leave to File Supplemental Brief in Support of Mohawk's Motion to Compel Arbitration and Stay Claims filed Mohawk Industries, Inc. Related document(s) # 1221 . (Attachments: # 1 Exhibit A, Proposed Supplemental Brief in Support of Mohawk's Motion to Compel Arbitration and Stay Claims, # 2 Exhibit Declaration of Joe Foye)(Dowell, Matthew) Modified on 8/6/2014 (S,R).
August 5, 2014 Opinion or Order Filing 1299 Order re: July 31 conference. Non-party Johnson Controls Inc's Motion for reconsideration is denied in part(as to the Motion's request that the Woodbridge defendants be barred from accessing any portion of the subpoena production, and denied in part without prejudice (as to the Motion's FRCP 45(d)(2)(B)(ii) cost-shifting request. Further order that JCI will meet and confer with certain defendants to discuss its Rule 45 cost-shifting request. If JCI and certain defendants cannot resolve this matter on their own, they will contact Chambers as instructed during the conference. Related Doc # 14. Judge Jack Zouhary (MDL2196) on 8/5/14 (See document #18 in case 14mc34)(S,J)
August 5, 2014 Filing 1298 Non-Appeal Transcript Order Form for proceedings held on July 31, 2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: September 4, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. (Lukitsch, Bethany)
August 4, 2014 Filing 1297 Notice of Service of Subpoena Duces Tecum upon Third Party Lear Corporation filed by FFP Holdings, LLC. (Pollack-Milgate, Deborah)
August 4, 2014 Filing 1296 Transcript of Evidentiary Hearing held on July 31, 2014 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 213-5518. [54 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 8/11/2014. Redaction Request due 8/25/2014. Redacted Transcript Deadline set for 9/4/2014. Release of Transcript Restriction set for 11/3/2014. (N,A)
August 1, 2014 Filing 1295 Defendants' Submission of MDL Summary Judgment Cases filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Group, Woodbridge Sales & Engineering, Inc.. (Attachments: # 1 Exhibit A, In re Delta/Airtran Baggage Fee Antitrust Litigation, # 2 Exhibit B, In re Chocolate Confectionary Antitrust Litigation, # 3 Exhibit C, In re Urethane Antitrust Litigation, # 4 Exhibit D, In re Electronic Books Antitrust Litigation, # 5 Exhibit F, In re Processed Egg Products Antitrust Litigation, # 6 Exhibit F, In re Asbestos Litigation)(Pollack-Milgate, Deborah)
August 1, 2014 Filing 1294 Non-Appeal Transcript Order Form for proceedings held on 7/31/2014 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 8/31/2014 filed by Leggett & Platt, Inc.. (Warncke, Daniel)
July 30, 2014 Filing 1292 SEALED Motion to Strike and Exclude Sealy Plaintiffs' Untimely, New Damages Model # 42 filed by FFP Holdings, LLC, FXI-Foamex Innovations, Inc.. Related document(s) # 42 . (Attachments: # 1 Exhibit A - Leffler Report, # 2 Exhibit B - June Leffler Report, # 3 Exhibit C - April Leffler Depo., # 4 Exhibit D - July Leffler Depo., # 5 Exhibit E - Marvel Report, # 6 Exhibit F - Greenhalgh Report, # 7 Exhibit G - April Rebein Letter)(Love, Bradley)
July 30, 2014 Filing 1291 Attorney Appearance by Joseph H. Gutkoski filed by on behalf of J&S Packaging, Inc.. (Gutkoski, Joseph)
July 29, 2014 Filing 1290 Notice to take Deposition of Matthew Prascius on August 13, 2014 filed by General Motors LLC. (Solh, Chahira)
July 29, 2014 Filing 1289 Questions for Hearing on Mohawk's Motion to Compel Arbitration. re # 1288 , # 1270 # 1271 , # 1275 . Judge Jack Zouhary on 7/29/2014. (S,R)
July 24, 2014 Filing 1288 Agenda For July 31 Record Conference This Court will hold a record Status Phone Conference (Court Reporter: Angela Nixon) on Thursday, July 31, 2014 at 2:00 p.m. (EDT), to discuss the following agenda items: Non-party Johnson Control, Inc.s Motion for Reconsideration, Update from parties regarding status of mediation(s) and Direct Purchaser Class Notice, Draft Summary Judgment Briefing Guidelines, Confirmation of new trial month and Retention of Special Master. By July 29, 2014 counsel shall provide, via email (zouhary_chambers@ohnd.uscourts.gov), a roll call, listing counsel who will attend the conference, and call-in information. Judge Jack Zouhary on 7/24/2014. (Attachments: # 1 Draft Briefing Protocols, # 2 Special Master Show Cause Order MDL 2001)(S,R)
July 16, 2014 Filing 1287 Notice to take Deposition of Jonathan Wallace and Christopher Ribeiro (Plaintiffs' Rebuttal Experts) on July 21, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
July 14, 2014 Filing 1286 Marginal Entry Order granting Woodbridge Defendents' Motion to allow certain witnesses to withdraw their invocation of the fifth amendment privilege. (Related Doc # 1280 ). Judge Jack Zouhary on 7/14/2014.(S,R)
July 11, 2014 Filing 1285 Notice to take Deposition of Dr. Orley Ashenfelter on August 8, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (McGuire, Matthew)
July 11, 2014 Filing 1284 Reply Brief in support of # 1221 SEALED Motion to Compel Arbitration and Stay Claims filed by Mohawk Industries, Inc. (S,R)
July 11, 2014 Filing 1283 Marginal Entry Order granting Mohawk Industries, Inc.'s Motion for leave to file reply brief in support of motion to compel arbitration and stay claims. (Related Doc # 1275 ).. Judge Jack Zouhary on 7/11/2014.(S,R)
July 11, 2014 Filing 1282 Opposition to # 1275 Motion for leave to file reply brief in support of Mohawk's motion to compel arbitration and stay claims filed by Direct Purchaser Class. (Wolfson, Adam)
July 10, 2014 Filing 1281 Notice to take Deposition of Dr. Abba Krieger on July 22, 2014 filed by FFP Holdings, LLC. (Pollack-Milgate, Deborah)
July 8, 2014 Filing 1280 Motion by Woodbridge Defendants to Allow Certain Witnesses to Withdraw their Invocation of the Fifth Amendment Privilege filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Group, Woodbridge Sales & Engineering, Inc.. (Attachments: # 1 Exhibit A Woodbridge Plea Agreement, # 2 Exhibit B Woodbridge Information, # 3 Exhibit C Plaintiffs' Joint Opposition to Defendant FFP Holdings LLC's Motion in Limine to Exclude Evidence of Charles Moeller's Assertion of his Fifth Amendment Privilege, or in the Alternative, for an Order Compelling Testimony by Moeller, # 4 Exhibit D Article: As EU foam probe wraps up, US investigation continues)(Ray, Candice)
July 8, 2014 Filing 1279 Notice to take Deposition of Jeffrey J. Leitzinger, Ph.D. (Direct Purchaser (Class) Plaintiffs' Rebuttal Expert) on July 15, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
July 8, 2014 Filing 1278 Notice to take Deposition of Steve W. Browne (Plaintiff CAP Carpet, Inc.'s Rebuttal Expert Witness) on July 16, 2014 filed by Leggett & Platt, Inc.. (Novion, Laurie)
July 8, 2014 Filing 1277 Amended Notice to take Deposition of Keith B. Leffler, Ph.D. (Certain Direct Action Plaintiffs' Rebuttal Expert) on July 15, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 1276 .(Lukitsch, Bethany)
July 8, 2014 Filing 1276 Notice to take Deposition of Keith B. Leffler, Ph.D. (Certain Direct Action Plaintiffs' Rebuttal Expert) on July 15, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings, LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
July 7, 2014 Filing 1275 Motion for leave to file reply brief in support of Mohawk's motion to compel arbitration and stay claims filed by Mohawk Industries, Inc. Related document(s) # 1270 , # 1221 . (Attachments: # 1 Exhibit A, Reply Brief in Support of Mohawk's Motion to Compel Arbitration and Stay Claims)(Dowell, Matthew) Modified on 7/8/2014 (S,R).
July 7, 2014 Filing 1274 Notice to take Deposition of Russell L. Lamb, Ph.D. on July 14, 2014 at 9:00 a.m. filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Warncke, Daniel)
July 3, 2014 Filing 1273 Minute Order Follow-Up Discovery Dispute Phone Conference held on 7/3/2014 to discuss certain disputes. Time: 45 Minutes. GMs Motion for Sanctions # 1248 is therefore denied in part (as to the request to strike) and denied in part as moot (as to the request for additional discovery). The parties will also seek agreement on whether the discovery agreed-to or ordered during the phone conference moots GMs Objections to Magistrate Judge Knepps April 28, 2014 Order (Case No. 12-pf-10027, Doc. 52) and notify Chambers via e-mail (zouhary_chambers@ohnd.uscourts.gov). Judge Jack Zouhary on 7/3/2014. (S,R)
July 3, 2014 Opinion or Order Filing 1272 Order Selecting Initial Trial, Requiring Party Mediation, and Revising Remaining Deadlines. Parties are required to meet with a mediator of their choosing to pursue resolution of this case on their own terms. The remainder of Order explains the trial format for the three sets of claims that will be tried in this District (assuming no settlement is reached) and explains related adjustments to the Fifth Amended Scheduling Order (re # 1137 ). This Court concludes convenience and judicial economy in this MDL will be best served with the following trial format: Determination of liability and impact related to the Direct Purchaser Class before a single jury; and Determination of Direct Purchaser Class damages (if any), tried later, but before the same jury. This Court will then hold a second trial on the Sealy Plaintiffs claims and a third trial on the Indirect Purchaser Class claims. On Thursday July 31, 2014 at 2:00p.m. Court will hold a record phone conference to discuss motion for summary judgment briefing protocols. Judge Jack Zouhary on 7/3/2014. (S,R) Modified text on 7/3/2014 (S,R).
July 2, 2014 Filing 1271 Transcript of Pre-trial hearing held on June 24, 2014 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [82 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 7/9/2014. Redaction Request due 7/23/2014. Redacted Transcript Deadline set for 8/4/2014. Release of Transcript Restriction set for 9/30/2014. (N,A)
July 1, 2014 Filing 1270 SEALED Document: Direct Purchaser Class Plaintiffs' Memorandum of Law in Opposition to Mohawk's Motion to Compel Arbitration and Stay Claims filed by Direct Purchaser Class. Related document(s) # 42 , # 1221 . (Attachments: # 1 Exhibit A (Burtis Merits Report Excerpt), # 2 Exhibit B (Burtis Deposition Excerpts), # 3 Exhibit C (Leitzinger Deposition Excerpts), # 4 Exhibit D (Mohawk Interrogatory Responses), # 5 Exhibit E (Mohawk Rule 23f Petition), # 6 Exhibit F (Wolfson Declaration))(Wolfson, Adam)
June 27, 2014 Filing 1269 Letter Submission Regarding Trial Approaches Employed in Similar Actions filed by Hickory Springs Manufacturing Company. (Hoernlein, Michael)
June 27, 2014 Filing 1268 Letter DEFENDANT FUTURE FOAM, INC.S SUBMISSION REGARDING TRIAL APPROACH IN SIMILAR ACTION filed by Future Foam, Inc.. (Blinn, Meghan)
June 27, 2014 Filing 1267 Defendant Foamex Innovations, Inc.'s Submission Regarding Trial Approach in Similar Action filed by FXI-Foamex Innovations, Inc.. (Ryan, Peter)
June 27, 2014 Filing 1266 Carpenter Defendants' Letter Position Brief Regarding Trial Approach filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. Related document(s) # 1255 .(Lukitsch, Bethany)
June 27, 2014 Filing 1265 The Sealy Plaintiffs' Supplement Re Trial filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Blechman, William)
June 27, 2014 Filing 1264 The Sealy Plaintiffs' Position Regarding Trial filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Blechman, William)
June 27, 2014 Filing 1263 Defendant FFP Holdings, LLC's Submission Regarding Trial Approach in Similar Action filed by FFP Holdings, LLC. Related document(s) # 1262 , # 1255 , # 1261 .(Millard, Kendall)
June 27, 2014 Filing 1262 Brief regarding Mohawk Industries, Inc.'s Trial Plan Submission filed by Mohawk Industries, Inc.. Related document(s) # 1255 . (Dowell, Matthew)
June 27, 2014 Filing 1261 Brief Defendant Leggett & Platt, Incorporated's Submission Regarding Trial Approach in Similar Action filed by Leggett & Platt, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Rebein, Joseph)
June 27, 2014 Filing 1260 Direct Purchaser Class Plaintiffs and Indirect Purchaser Class Plaintiffs' Joint Position Brief on Trial Approach filed by Direct Purchaser Class. (Wolfson, Adam)
June 26, 2014 Filing 1259 Non-Appeal Transcript Order Form for proceedings held on 6/24/2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: 7/10/2014 filed by CAP Carpet, Inc., LaCrosse Furniture Company. (Boulware, Brandon)
June 26, 2014 Filing 1258 Letter to Judge Zouhary Enclosing Papers From Antitrust Cases Mentioned at 6/24/14 Hearing filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Arnold, Richard)
June 26, 2014 Filing 1257 Non-Appeal Transcript Order Form for proceedings held on 6/24/14 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 7/24/14 filed by FXI-Foamex Innovations, Inc.. (Coller, F.)
June 26, 2014 Filing 1256 Attorney Appearance by James P. Silk, Jr filed by on behalf of Leggett & Platt, Inc.. (Silk, James)
June 26, 2014 Opinion or Order Filing 1255 Order re: June 24 Conference. Time: 2 Hours. Court held a record Conference (Court Reporter: Angela Nixon) to discuss certain discovery and scheduling matters. Defendant FFP Holdings, LLCs Sealed Motion in Limine to Exclude Evidence of Charles Moellers Assertion of his Fifth Amendment Privilege, or in the Alternative, for an Order Compelling Testimony by Moeller (Doc. # 1184 ), is denied. FFP has now filed a public version of the Motion in Limine (Doc. # 1250 ). Therefore, Moellers Motion to Unseal (Doc. # 1227 ) is denied as moot. Parties are invited to file position briefs, collecting cases that are similar to the type and scope of claims asserted in this action and explaining the trial approach employed in such cases by Friday, June 27, 2014. Court will use position briefs, along with Docs. # 1234 , # 1243 & # 1244 and oral argument, to determine: which case or cases will proceed to trial, when and where trial will be held, and other specific protocols. The Direct Purchaser Class will consult with defense counsel and file a proposed Class Notice by Thursday, July 3, 2014. Judge Jack Zouhary on 6/26/2014. (S,R)
June 26, 2014 Filing 1254 Non-Appeal Transcript Order Form for proceedings held on 6/24/14 before Judge Zouhary, re # 1247 Order,,. Court Reporter: Angela Nixon. Requested completion date: 7/24/14 filed by Vitafoam, Inc.. Related document(s) # 1247 . (Gilmer, Robert)
June 26, 2014 Filing 1253 Non-Appeal Transcript Order Form for proceedings held on 06/24/2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: 07/24/2014 filed by Future Foam, Inc.. (Passarelli, John)
June 25, 2014 Filing 1252 Expedited Non-Appeal Transcript Order Form for proceedings held on 6/24/2014 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 7/2/2014 filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
June 25, 2014 Filing 1251 Expedited Non-Appeal Transcript Order Form for proceedings held on 6/24/2014 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 7/2/2014 filed by Leggett & Platt, Inc.. (Warncke, Daniel)
June 25, 2014 Filing 1250 Motion in limine Redacted Version for Public Filing filed by MDL Notice Only FFP Holdings, LLC. Related document(s) # 1184 . (Attachments: # 1 Exhibit A - DOJ Letter, # 2 Exhibit B - Ohio state Complaint, # 3 Exhibit C - Ohio state Answer and Counterclaims, # 4 Exhibit D - Federal Complaint (RICO), # 5 Exhibit E - Deposition of Charles Moeller, # 6 Exhibit 1 - Oct 16, 2013, Letter from Millard to Saibert, # 7 Exhibit 2 - Nov 7, 2013, Letter from Saibert to Millard, # 8 Exhibit 3 - Nov 19, 2013, Letter from Millard to Saibert, # 9 Exhibit 4 - Fourth Amended Notice of Deposition, # 10 Exhibit 5 - Ohio Estate Complaint, # 11 Exhibit 6 - Ohio Employment Complaint, # 12 Exhibit 11 - May 2002 letter, # 13 Exhibit 19 - July 2013 certified receipt, # 14 Exhibit 20 - Cross Notice of Deposition, # 15 Exhibit 21 - July 2013 certified receipt, # 16 Index of Exhibits)(Millard, Kendall) Modified on 6/25/2014 (S,R).
June 23, 2014 Filing 1249 Defendants' Memorandum in Opposition to the Spring Air Plaintiffs' Motion to Transfer Venue in their Notice of Trial Intent filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 1233 . (Warncke, Daniel)
June 23, 2014 Filing 1248 SEALED Motion for Sanctions filed by General Motors LLC. Related document(s) # 42 . (Attachments: # 1 Memorandum of Points and Authorities in Support of Plaintiff General Motors LLCs Motion for Sanctions, # 2 Exhibit SEALED - GM's Exhibit A - Joint Letter to Judges Zouhary and Knepp, dated September 12, 2013, # 3 Exhibit SEALED - GM's Exhibit B - Letter from D. Swanson to Judges Zouhary and Knepp, dated October 28, 2013, # 4 Exhibit SEALED - GM's Exhibit C - Expert Report of Joe D. Pace, Ph.D, # 5 Exhibit SEALED - GM's Exhibit D - Joint Letter to Judges Zouhary and Knepp, dated Nov. 15, 2013, # 6 Exhibit SEALED - GM's Exhibit E - Letter from D. Swanson to Judges Zouhary and Knepp, dated January 17, 2014, # 7 Exhibit SEALED - GM's Exhibit F - Transcript of Jan. 24, 2014 Telephonic Hearing, # 8 Exhibit SEALED - GM's Exhibit G - Facsimile from Woodbridge to Lear, dated November 28, 2000, # 9 Exhibit SEALED - GM's Exhibit H - Letter from Lear to Woodbridge, dated August 30, 2004, # 10 Exhibit SEALED - GM's Exhibit I - Woodbridge Annual Financial data, 2011-2013, # 11 Exhibit SEALED - GM's Exhibit J - Excerpts from the Deposition of Joe D. Pace, Ph.D, # 12 Exhibit SEALED - GM's Exhibit K - Emails between D. Manthripragada and C. Solh, dated May 23, 2014, and R. Wong and D. Manthripragada, dated June 4, 2014, # 13 Exhibit SEALED - GM's Exhibit L - DOJ Search Term List and Report of Search Term Hits)(Solh, Chahira) Modified on 6/24/2014 (S,R).
June 20, 2014 Opinion or Order Filing 1247 Order Court will hold a record Conference on Tuesday, June 24, 2014 at 2:00 p.m. (EDT), to discuss the following agenda items: FFPs Motion in Limine to Exclude Evidence of Charles Moellers Assertion of his Fifth Amendment Privilege, or in the Alternative, for an Order Compelling Testimony by Moeller (Docs. # 1184 , # 1226 & # 1231 ); Selection of October 2014 Trial Parties/Class Notice (Docs. # 1234 , # 1243 & # 1244 ); Filing of public version of Memorandum Opinion and Order granting Direct and Indirect Purchaser Plaintiffs Motions for Class Certification (Doc. # 1102 ); and Direct Action (non-Class) Plaintiff Ford Motors Request to Modify Discovery Schedule.. Judge Jack Zouhary on 6/20/2014. (S,R)
June 18, 2014 Filing 1246 Notice to take Deposition of Roy E. Welsch, Ph.D. on June 26, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 16, 2014 Filing 1245 Carpenter Defendants' Submission Regarding Experts filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P. Related document(s) # 1211 . (Lukitsch, Bethany)
June 16, 2014 Filing 1244 Statement on Selecting Cases for Summary Judgment and Trial filed by Defendants Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany) Modified on 6/17/2014 (S,R).
June 16, 2014 Filing 1243 Joint Statement Regarding Suggested Trial Order filed by The Direct Purchaser Class Plaintiffs and Indirect Purchaser Class Plaintiffs'. (Wolfson, Adam) Modified on 6/17/2014 (S,R).
June 16, 2014 Filing 1242 Submission Regarding Experts filed by FXI-Foamex Innovations, Inc. Related document(s) # 1211 . (Newell, Francis) Modified on 6/17/2014 (S,R).
June 16, 2014 Filing 1241 Submission Identifying Experts filed by Direct Purchaser Class Plaintiffs. (Wolfson, Adam) Modified on 6/17/2014 (S,R).
June 16, 2014 Filing 1240 Notice of American Bedding Company Direct Action Plaintiffs and Direct Action Plaintiff Park Place Corporation Regarding Selection of Cases for October 2014 Trial filed by American Bedding Company Inc, Diamond Mattress Company, Park Place Corporation, Rest Master Bedding Company. (Eddy, David)
June 16, 2014 Filing 1239 Submission Identifying Experts Pursuant to June 6, 2014 Order (No. # 1211 ) filed by Future Foam, Inc. (Blinn, Meghan) Modified on 6/17/2014 (S,R).
June 16, 2014 Filing 1238 Submission Identifying Its Merits Experts filed by Hickory Springs Manufacturing Company. (Hoernlein, Michael) Modified on 6/17/2014 (S,R).
June 16, 2014 Filing 1237 Joint Submission Regarding Experts filed by All Defendants. (Pollack-Milgate, Deborah) Modified on 6/17/2014 (S,R).
June 16, 2014 Filing 1236 Submission Identifying Merit Experts filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (France, Jamie) Modified on 6/17/2014 (S,R).
June 16, 2014 Filing 1235 Submission Regarding Experts filed by FFP Holdings LLC f/k/a Flexible Foam Products. (Pollack-Milgate, Deborah) Modified on 6/17/2014 (S,R).
June 16, 2014 Filing 1234 Suggested Trial Approach filed by "Sealy Plaintiffs" La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Blechman, William) Modified on 6/17/2014 (S,R).
June 16, 2014 Filing 1233 Notice of Trial Intent filed by "Spring Air Plaintiffs" Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Pleasant Mattress Company, Simple Designs Manufacturing, Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc. (Attachments: # 1 Attachment A)(Tompkins, Charles) Modified on 6/17/2014 (S,R).
June 16, 2014 Filing 1232 Submission Regarding Experts filed by Defendants Mohawk Industries and Leggett & Platt, Inc. (Rebein, Joseph) Modified on 6/17/2014 (S,R).
June 13, 2014 Filing 1231 Opposition to # 1184 SEALED Motion in Limine to Exclude Evidence of Fifth Amendment Assertion # 42 filed by Direct Purchaser Class. (Attachments: # 1 Exhibit A (Scrap Metal Opinion))(Wolfson, Adam)
June 13, 2014 Filing 1230 Notice of Intent Regarding Trial in the Northern District of Ohio in October 2014 filed by Ford Motor Company. (Holt, Benjamin)
June 13, 2014 Filing 1229 Plaintiff General Motors LLCs Notice of Intent Regarding Trial in the Northern District of Ohio in October 2014 filed by General Motors LLC. (Solh, Chahira)
June 13, 2014 Filing 1228 Notice of Intent of Certain Direct Action Plaintiffs Regarding Trial During October, 2014 filed by Florida Foam and Sales, Inc., Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., L & J Products and Sales, Inc., NC Foam and Sales, Inc.. (Revera, Gregory)
June 13, 2014 Filing 1227 SEALED Motion to unseal Motion in Limine to Exclue Evidence. re # 42 , # 1184 filed by Charles L. Moeller. Related document(s) # 42 , # 1184 . (S,R)
June 13, 2014 Filing 1226 SEALED Document: Response in Opposition to FFP Holidings, LLC's Motion in limine to exclude evidence of Charles L. Moeller's Assertion of his Fifth Amendment Privilege, or in the alternative, for an order comelling testimony filed by Third Party Witness Charles L. Moeller. Related document(s) # 42 , # 1184 . (S,R)
June 13, 2014 Filing 1225 Notice of Intent of Direct Action Plaintiff, Factory Direct, Inc., Regarding Trial During October, 2014 filed by Factory Direct Inc. (Rupert, Kurt)
June 13, 2014 Filing 1224 Transcript of Telephone Conference held on 6/5/14 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [28 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/20/2014. Redaction Request due 7/4/2014. Redacted Transcript Deadline set for 7/14/2014. Release of Transcript Restriction set for 9/11/2014. Related document(s) # 1213 , # 1214 , # 1218 , # 1217 , # 1215 . (S,Tr)
June 13, 2014 Filing 1223 Notice of Intent of Kansas Direct Action Plaintiffs Regarding Trial During October 2014 Calendar filed by CAP Carpet, Inc., LaCrosse Furniture Company. (Boulware, Brandon)
June 13, 2014 Filing 1222 Notice of Intent of Mississippi Direct Action Plaintiffs Regarding Trial During October 2014 Calendar filed by Direct Action Plaintiff(s). (Liston, William)
June 10, 2014 Filing 1221 SEALED Motion to Compel Arbitration and Stay Claims # 42 filed by MDL Notice Only Mohawk Industries, Inc.. Related document(s) # 42 . (Attachments: # 1 Brief in Support of Mohawk's Motion to Compel Arbitration and Stay Claims, # 2 Exhibit Declaration of Kevin Hayes, # 3 Exhibit Declaration of Allison Thompson, # 4 Exhibit Declaration of Allison Thompson, Exhibit A)(Dowell, Matthew)
June 10, 2014 Filing 1220 Amended Notice to take Deposition of Vinnie Bonaddio on June 20, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 9, 2014 Filing 1219 Non-Appeal Transcript Order Form for proceedings held on 05/27/2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: 06/27/2014 filed by Indirect Purchaser Class, Indirect Purchasers. re: # 1211 . (Kerger, Richard) Modified on 6/10/2014 (S,R).
June 9, 2014 Filing 1218 Non-Appeal Transcript Order Form for proceedings held on 6/5/2014 before Judge Jack Zouhary, re # 1211 . Court Reporter: Tracy Spore. Requested completion date: 7/7/2014 filed by Vitafoam, Inc. (Gilmer, Robert) Modified on 6/10/2014 (S,R).
June 6, 2014 Filing 1217 Non-Appeal Transcript Order Form for proceedings held on June 5, 2014 before Judge Jack Zouhary, Court Reporter: Tracy Spore, RMR, CRR. Requested completion date: July 7, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. (Lukitsch, Bethany)
June 6, 2014 Filing 1216 Amended Notice to take Deposition of Michelle Burtis on June 17-18, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 6, 2014 Filing 1215 Non-Appeal Transcript Order Form for proceedings held on June 5, 2014 before Judge Jack Zouhary, Court Reporter: Tracy Spore. Requested completion date: July 7, 2014 filed by FXI-Foamex Innovations, Inc.. (Coller, F.)
June 6, 2014 Filing 1214 Non-Appeal Transcript Order Form for proceedings held on 6/5/2014 before Judge Jack Zouhary, Court Reporter: Tracy Spore. Requested completion date: 7/7/2014 filed by Future Foam, Inc.. (Passarelli, John)
June 6, 2014 Filing 1213 Non-Appeal Transcript Order Form for proceedings held on 6/5/2014 before Judge Jack Zouhary, Court Reporter: Tracy Spore. Requested completion date: 7/7/2014 filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
June 6, 2014 Filing 1212 Non-Appeal Transcript Order Form for proceedings held on May 27, 2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: June 26, 2014 filed by FXI-Foamex Innovations, Inc.. (Coller, F.)
June 6, 2014 Opinion or Order Filing 1211 Order re: June 5 Conference. This Court held a record Phone Conference on June 5, 2014 (Court Reporter: Tracy Spore) to discuss certain discovery matters. Plaintiffs request for additional time to depose five Defendant economic experts is granted in part and denied in part. Parties who have retained experts for purposes of summary judgment or trial shall, by Monday, June 16, 2014, submit to this Court via email (zouhary_chambers@ohnd.uscourts.gov) a brief description of the specific parties that have retained each such expert. Finally, counsel have the option to attend the June 24 conference in person (see Doc. # 1190 ). To allow for necessary logistical arrangements, counsel attending the June 24 conference must contact Chambers via email (zouhary_chambers@ohnd.uscourts.gov) by Wednesday, June 18, indicating how they will attend the conference (e.g., in person or by phone). Time: 30 Minutes. Judge Jack Zouhary on 6/5/2014 (S,R)
June 6, 2014 Filing 1210 Non-Appeal Transcript Order Form for proceedings held on 6/5/2104 before Judge Zouhary, Court Reporter: Spore. Requested completion date: 7/7/2014 filed by Leggett & Platt, Inc.. (Warncke, Daniel)
June 6, 2014 Filing 1209 Marginal Entry Order granting Attorney Christopher G. Renner's Motion for appearance pro hac vice. Counsel shall become familiar with the ACTL Code of Conduct. (Related Doc # 1194 ). Judge Jack Zouhary on 6/6/2014. (Attachments: # 1 ACTL Code of Conduct)(S,R)
June 6, 2014 Copy of Order sent via e-mail and USPS to Dean J. Polales on 6/6/2014. Related document(s) # 1211 . (S,R)
June 5, 2014 Filing 1208 Amended Notice to take Deposition of Alexander Parets on June 13, 2014 filed by Direct Purchaser Class. (related doc. # 1205 ) (Wolfson, Adam) Modified on 6/6/2014 (S,R).
June 5, 2014 Filing 1207 Notice to take Deposition of Earl Silbert on June 6, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 5, 2014 Filing 1206 Notice to take Deposition of C. Scott Pugh on June 12, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 5, 2014 Filing 1205 Notice to take Deposition of Alexander Parets on June 10, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 5, 2014 Filing 1204 Notice to take Deposition of Joe Pace on June 11, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 5, 2014 Filing 1203 Notice to take Deposition of William Myslinski on June 23-24, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 5, 2014 Filing 1202 Notice to take Deposition of Howard Marvel on June 18-19, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 5, 2014 Filing 1201 Notice to take Deposition of Joseph Kalt on June 9-10, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 5, 2014 Filing 1200 Notice to take Deposition of Peter Greenhalgh on June 9-10, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 5, 2014 Filing 1199 Notice to take Deposition of Steve Drap on June 12, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 5, 2014 Filing 1198 Notice to take Deposition of Dennis Carlton on June 11-12, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 5, 2014 Filing 1197 Notice to take Deposition of Michelle Burtis on June 17-18, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 5, 2014 Filing 1196 Notice to take Deposition of Robert Bonner on June 19, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
June 5, 2014 Filing 1195 Notice to take Deposition of Vincenzo Bonaddio on June 11, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
June 5, 2014 Filing 1194 Motion for attorney Christopher G. Renner to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6576112, filed by Plaintiff Direct Purchaser Class. (Attachments: # 1 Affidavit in support of motion pro hac vice, # 2 Proposed Order)(Wicklund, David) Modified on 6/6/2014 (S,R).
June 5, 2014 Opinion or Order Filing 1193 Order granting Motion to withdraw as attorney by Christopher Renner. (Related Doc # 1191 ). Judge Jack Zouhary on 6/5/2014.(S,R)
June 5, 2014 Filing 1192 Transcript of Phone Conference held on May 27, 2014 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [51 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/12/2014. Redaction Request due 6/26/2014. Redacted Transcript Deadline set for 7/7/2014. Release of Transcript Restriction set for 9/3/2014. (N,A)
June 4, 2014 Opinion or Order Filing 1190 Order The Court will hold a record Phone Conference on 6/24/2014 at 02:00 PM to discuss FFPs Motion in Limine to Exclude Evidence of Charles L. Moellers Assertion of his Fifth Amendment Privilege, or in the Alternative, for an Order Compelling Testimony by Moeller (Doc. # 1184 ) and other yet-to-be-determined agenda items. By Thursday, June 19, 2014 counsel shall provide, via email (zouhary_chambers@ohnd.uscourts.gov), any additional agenda items and a conference roll call, listing counsel who will attend the conference. Judge Jack Zouhary on 6/4/2014. (S,R) Modified on 6/4/2014 (S,R).
June 4, 2014 Copy of Order e-mailed and sent by USPS to Dean Polales of Ungaretti & Harris LLP on 6/4/2014. Related document(s) # 1190 . (S,R)
June 3, 2014 Filing 1189 Non-Appeal Transcript Order Form for proceedings held on 5/27/14 before Judge Zouhary, Court Reporter: Nixon, Angela. Requested completion date: 6/6/14 filed by Ford Motor Company. (Holt, Benjamin)
June 3, 2014 Filing 1188 Non-Appeal Transcript Order Form for proceedings held on 5/27/2014 before Judge Jack Zouhary, re # 1178 Order, Terminate Deadlines and Hearings. Court Reporter: Angela Nixon. Requested completion date: 6/26/2014 filed by Vitafoam, Inc.. Related document(s) # 1178 . (Gilmer, Robert)
June 3, 2014 Copy of Order sent by e-mail and USPS to Dean J. Polales on 6/2/2014. Related document(s) # 1187 . (S,R)
June 2, 2014 Opinion or Order Filing 1187 Order Oppositions to FFPs Motion in Limine to Exclude Evidence of Charles L. Moellers Assertion of his Fifth Amendment Privilege, or in the Alternative, for an Order Compelling Testimony by Moeller (Doc. # 1184 ) are due by June 13, 2014. Mr. Moeller in his capacity as a non-party witness in this matter (see Doc. 1184-2), is invited to file an Opposition to FFPs Motion, subject to the limitations imposed by this Order. Judge Jack Zouhary on 6/2/2014. (S,R)
May 30, 2014 Opinion or Order Filing 1186 Order Re: Follow-up to May 27, 2014 Record Phone Conference. Court Reporter: Angela Nixon. Defendants Motion to Compel Further Responses to First Set of Interrogatories (Docs. # 1149 ) is denied in part and granted in part. Direct Action Plaintiffs Motion to Compel FFP to Produce Limited Documents (Docs. # 1157 ) is denied in part and granted in part. Direct Purchaser Class Renewed Motion for Protective Order Regarding Defendants Subpoena to Absent Class Member Chestnut Ridge Foam (Doc. # 1167 ) is denied for the reasons stated during the Phone Conference and in Defendants Brief in Opposition (Doc. # 1179 ). General Motors Motion for Issuance of an Amended Scheduling Order or Suggestion of Remand to the JPML (Doc. # 1174 ) is denied without prejudice. Judge Jack Zouhary on 5/30/2014.(S,R)
May 30, 2014 Filing 1185 Notice of Appearance by Christopher G. Renner filed on behalf of Ace Foam, Inc., Adams Foam Rubber Co., Cambridge of California, Inc., Floors USA, Inc., Foam Factory, Inc., GCW Carpet Wholesalers, VFP Acquisitions. (S,R)
May 29, 2014 Filing 1184 SEALED Motion in Limine to Exclude Evidence of Fifth Amendment Assertion # 42 filed by FFP Holdings LLC. Related document(s) # 42 . (Attachments: # 1 Exhibit 1 - Oct 16, 2013, Letter from Millard to Saibert, # 2 Exhibit 2 - Nov 7, 2013, Letter from Saibert to Millard, # 3 Exhibit 3 - Nov 19,,2013, Letter from Millard to Saibert, # 4 Exhibit 4 - Fourth Amended Notice of Deposition, # 5 Exhibit 5 - Ohio Estate Complaint, # 6 Exhibit 6 - Ohio Employment Complaint, # 7 Exhibit 7 - Moeller's Response to Subpoena, # 8 Exhibit 8 - Policy Document, # 9 Exhibit 9 - Dec 2004 letter, # 10 Exhibit 10 - 2001 FFP memo, # 11 Exhibit 11 - May 2002 letter, # 12 Exhibit 12 - July 2005 fax, # 13 Exhibit 13 - 1994 FFP memo, # 14 Exhibit 14 - Oct 2005 email string, # 15 Exhibit 15 - June 2010 email string, # 16 Exhibit 16 - May 2003 email string, # 17 Exhibit 17 - FFP Response to Interrogatories, # 18 Exhibit 18 - Sept 2010 email, # 19 Exhibit 19 - July 2013 certified receipt, # 20 Exhibit 20 - Cross Notice of Deposition, # 21 Exhibit 21 - July 2013 certified receipt, # 22 Exhibit A - DOJ letter, # 23 Exhibit B - Ohio state Complaint, # 24 Exhibit C - Ohio state Answer and Counterclaims, # 25 Exhibit D - Federal Complaint (RICO), # 26 Exhibit E - Deposition of Charles Moeller, # 27 Index Index of Exhibits)(Millard, Kendall) Modified on 5/30/2014 (S,R).
May 27, 2014 Filing 1183 Non-Appeal Transcript Order Form for proceedings held on 5/27/2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: 6/10/2014 filed by CAP Carpet, Inc.. (Beil, William)
May 27, 2014 Filing 1182 Expedited Non-Appeal Transcript Order Form for proceedings held on 5/27/2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: 6/3/2014 filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
May 27, 2014 Filing 1181 Non-Appeal Transcript Order Form for proceedings held on 5/27/2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: 6/26/2014 filed by Future Foam, Inc.. (Passarelli, John)
May 27, 2014 Filing 1180 Non-Appeal Transcript Order Form for proceedings held on 5/27/2014 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 6/26/2014 filed by Leggett & Platt, Inc.. (Warncke, Daniel)
May 26, 2014 Filing 1179 SEALED Document: Opposition to Direct Purchaser Class Plaintiffs' Renewed Motion for Protective Order filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 1167 . (Attachments: # 1 Exhibit A (Emails re: Chestnut Ridge subpoena), # 2 Exhibit B (Email re: narrowing of Chestnut Ridge subpoena), # 3 Exhibit C (Serta polyurethane foam suppliers), # 4 Exhibit D (Flex Foam deposition excerpt), # 5 Exhibit E (Austin Urethane deposition excerpt))(Ryan, Peter)
May 23, 2014 Opinion or Order Filing 1178 ORDER re Agenda for 5/27/14 Record Phone Conference. Judge Jack Zouhary (MDL2196) on 5/23/14. (S,Na)
May 23, 2014 Filing 1177 Response and Opposition to Defendants' Reply Memorandum and Motion and Memorandum to Compel Further Responses to First Set of Interrogatories filed by LaCrosse Furniture Company. Related document(s) # 1175 , # 1149 . (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Beil, William)
May 23, 2014 Filing 1176 Response and Opposition to Defendants' Reply Memorandum and Motion and Memorandum to Compel Further Responses to First Set of Interrogatories filed by CAP Carpet, Inc.. Related document(s) # 1175 , # 1149 . (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Beil, William)
May 21, 2014 Filing 1175 SEALED Document: Reply Memorandum In Support Of Defendants' Motion To Compel Further Responses To First Set Of Interrogatories filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 1149 , # 1166 . (Attachments: # 1 6-A, # 2 6-B, # 3 6-C, # 4 6-D, # 5 6-E, # 6 6-F, # 7 6-G, # 8 6-H, # 9 6-I, # 10 6-J, # 11 6-K, # 12 6-L, # 13 7-A, # 14 7-B, # 15 7-C, # 16 7-D, # 17 7-E, # 18 7-F, # 19 7-G, # 20 7-H, # 21 7-I, # 22 7-J, # 23 7-K, # 24 7-L, # 25 8)(Love, Bradley)
May 20, 2014 Filing 1174 Motion for Issuance of An Amended Scheduling Order or Suggestion of Remand to the Judicial Panel on Multidistrict Litigation filed by General Motors LLC. Related document(s) # 1137 . (Attachments: # 1 Memorandum of Points and Authorities in Support)(Solh, Chahira) Modified on 5/21/2014 (S,R).
May 20, 2014 Filing 1173 SEALED Document: Memorandum in Opposition to Plaintiffs' Motion to Compel Flexible Foam to Produce Documents Regarding the Sale of Its Foam Business filed by FFP Holdings LLC. Related document(s) # 42 , # 1157 , # 1166 . (Attachments: # 1 Exhibit A - Excerpts of David Henson Deposition Tr.)(Love, Bradley)
May 19, 2014 Filing 1172 SEALED Document: Declaration of Matthew Hall in Response to the Court's Order of May 9, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. Related document(s) # 42 , # 1159 . (Lukitsch, Bethany)
May 19, 2014 Opinion or Order Filing 1171 Stipulation and Order granting Defendants' extension of time until 6/23/2014 to answer in case 3:13-pf-10012. re # 1170 . Judge Jack Zouhary on 5/19/14. (S,R)
May 19, 2014 Filing 1170 Proposed Stipulation for Extension of Time to June 23, 2014 to Answer or Otherwise Respond as to case 3:13-pf-10012 filed by Plastomer Corp. (Klein, Sheldon) Modified on 5/19/2014 (S,R).
May 16, 2014 Opinion or Order Filing 1169 Order Defendants' # 1145 Motion for stay is granted in part and denied in part. These matters will proceed as scheduled, subject to direction by the Court of Appeals. A phone status will be scheduled promptly following an appellate ruling on Defendants' petition. Judge Jack Zouhary on 5/16/14.(S,R)
May 16, 2014 Opinion or Order Filing 1168 Order Re: Renewed Motion for Protective Order. Defendant's Opposition to the Direct Purchaser Class' Renewed Motion for Protective Order, Regarding Defendants Subpoena to Absent Class Member Chestnut Ridge Foam (Doc. # 1167 ) is due May 26, 2014, no later than noon (EDT). The Direct Purchaser Class' Motion will be an agenda item at the previously-scheduled May 27, 2014 record phone conference (Doc. # 1166 ). Chestnut Ridge Foam, Inc's counsel, Robert M. Linn of Cohen & Grigbsy, P.C., may attend the record phone Conference on his clients behalf. Direct Purchaser Class Counsel shall share with Mr. Linn the call-in information for the May 27 record phone conference. Judge Jack Zouhary on 5/16/14. (S,R) Modified on 5/16/2014 (S,R).
May 16, 2014 Filing 1167 Renewed Motion for protective order re Subpoena to Absent Class Member Chestnut Ridge Foam filed by Plaintiff Direct Purchaser Class. (Attachments: # 1 Exhibit A (Email Correspondence re Chestnut Ridge Subpoena))(Wolfson, Adam)
May 15, 2014 Opinion or Order Filing 1166 Order: Court will conduct Phone Conference on Tuesday, May 27, 2014 at 1:30 p.m.(EDT) to discuss the pending Motions to Compel (Docs. # 1149 & # 1157 ). Further Responses (Doc. 1149) shall be completed pursuant to the timeline reflected in Local Rule 7.1(e). Opposition to the Motion to Compel Flexible Foam to Produce Limited Documents (Doc. 1157) is due May 20, 2014; no written reply. By Friday, May 23, 2014 counsel shall provide, via email (zouhary_chambers@ohnd.uscourts.gov), any additional agenda items, a call-in number and a conference roll call, listing counsel who will attend the conference. Judge Jack Zouhary on 5/15/14. (S,R)
May 13, 2014 Filing 1165 SEALED Document: Memorandum in Opposition to Defendants' Motion to Compel Further Responses to First Set of Interrogatories filed by Indirect Purchaser Class. Related document(s) # 42 , # 1149 . (Miller, Marvin)
May 13, 2014 Filing 1164 Opposition to # 1149 SEALED Motion to Compel Further Responses to Defendants' First Set of Interrogatories # 42 filed by Direct Purchaser Class. (Attachments: # 1 Exhibit 1 (Jan 24, 2014 Hr'g Transcript), # 2 Exhibit 2 (Jan. 29, 2014 Order in GM v Woodbridge))(Wolfson, Adam)
May 13, 2014 Filing 1163 Response to # 1149 SEALED Motion to Compel Further Responses to Defendants' First Set of Interrogatories # 42 filed by General Motors LLC. (Solh, Chahira)
May 13, 2014 Filing 1162 SEALED Document: Direct Action Plaintiffs' Opposition to Defendants' Motion to Compel Further Responses to First Set of Interrogatories filed by Direct Action Plaintiff(s). Related document(s) # 42 , # 1149 . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Patton, Douglas)
May 9, 2014 Filing 1161 SEALED Document: IPP Response in Opposition to Defendants' Motion for a Stay Pending Appeal filed by Indirect Purchaser Class. Related document(s) # 42 , # 1145 . (Miller, Marvin)
May 9, 2014 Filing 1160 SEALED Document: Direct Purchaser Class Opposition to Defendants Motion for Stay Pending Appeal filed by Direct Purchaser Class. Related document(s) # 42 , # 1145 . (Wolfson, Adam)
May 9, 2014 Opinion or Order Filing 1159 Order By Monday, May 19, 2014, Carpenter will file an affidavit, in which a proper affiant(s), with first-hand knowledge, responds to listed questions with respect to the document cache referenced in the May 7 Report. re # 1146 . Judge Jack Zouhary on 5/9/2014. (S,R)
May 9, 2014 Filing 1158 Memorandum in Opposition to # 1145 Defendants' SEALED Motion to Stay all Proceedings. (related doc. nos. # 42 , # 1117 , # 1115 , # 1118 , # 1102 . filed by Direct Action Plaintiff(s). (Attachments: # 1 Exhibit 1)(Blechman, William) Modified on 5/9/2014 (S,R).
May 6, 2014 Filing 1157 SEALED Motion: to Compel Flexible Foam Products to Produce Limited Documents Regarding The Sale of its Foam Business filed by Direct Action Plaintiff(s). Related document(s) # 42 . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Blechman, William) Modified event on 5/7/2014 (S,R).
May 5, 2014 Filing 1156 Reply in Support of Proposed Notice Plan filed by Indirect Purchaser Class. Related document(s) # 1155 . (Kerger, Richard)
May 2, 2014 Filing 1155 Response to # 1118 Motion Approval of Form of Class Notice and Notice Plan and to Set a Final Approval Hearing on the Settlement with Domfoam and Valle filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FFP Holdings LLC, FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
May 2, 2014 Opinion or Order Filing 1154 ORDER. Any party wishing to respond to Defendants' Motion for a Stay Pending Appeal # 1145 shall file by 5/9/14. No replies or hearing unless requested. Judge Jack Zouhary (MDL2196) on 5/2/14. (S,Na)
May 1, 2014 Filing 1153 January 29, 2014 European Commission Decision filed under seal (Court Only). See Order (Doc. 1139). (D,L)
May 1, 2014 Filing 1152 Notice of Change of Entity Name to FFP Holdings LLC filed by Flexible Foam Products, LLC. (Love, Bradley) Modified on 5/2/2014 (S,R).
April 30, 2014 Filing 1151 Corporate Disclosure Statement identifying Corporate Parent Flexible Foam Products, LLC for Flexible Foam Products, Inc. filed by Flexible Foam Products, Inc.. (Love, Bradley)
April 30, 2014 Filing 1150 Notice of Change of Entity Name filed by Flexible Foam Products, Inc.. (Love, Bradley)
April 29, 2014 Filing 1149 SEALED Motion to Compel Further Responses to Defendants' First Set of Interrogatories # 42 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 . (Attachments: # 1 Brief in Support Memorandum, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Index Exhibit 3 Index, # 5 Exhibit 3-A, # 6 Exhibit 3-B, # 7 Exhibit 3-C, # 8 Exhibit 3-D, # 9 Exhibit 3-E, # 10 Exhibit 3-F, # 11 Exhibit 3-G, # 12 Exhibit 4, # 13 Index Exhibit 5 Index, # 14 Exhibit 5-A, # 15 Exhibit 5-B, # 16 Exhibit 5-C, # 17 Exhibit 5-D, # 18 Exhibit 5-E, # 19 Exhibit 5-F, # 20 Exhibit 5-G, # 21 Exhibit 5-H, # 22 Exhibit 5-I, # 23 Exhibit 5-J, # 24 Exhibit 5-K, # 25 Exhibit 5-L, # 26 Exhibit 5-M, # 27 Exhibit 5-N, # 28 Exhibit 5-O, # 29 Exhibit 5-P, # 30 Exhibit 5-Q, # 31 Exhibit 5-R, # 32 Exhibit 5-S, # 33 Exhibit 5-T, # 34 Exhibit 5-U, # 35 Exhibit 5-V, # 36 Exhibit 5-W, # 37 Exhibit 5-X, # 38 Exhibit 5-Y, # 39 Exhibit 5-Z, # 40 Exhibit 5-AA, # 41 Exhibit 5-BB, # 42 Exhibit 5-CC, # 43 Exhibit 5-DD, # 44 Exhibit 5-EE, # 45 Exhibit 5-FF, # 46 Exhibit 5-GG, # 47 Exhibit 5-HH, # 48 Exhibit 5-II, # 49 Exhibit 5-JJ, # 50 Exhibit 5-KK, # 51 Exhibit 5-LL, # 52 Exhibit 5-MM)(Love, Bradley)
April 29, 2014 Filing 1148 Marginal Entry Order granting Motion to withdraw attorney Rachel K. Steinhofer as counsel for defendant Flexible Foam. (Related Doc # 1147 ). Judge Jack Zouhary on 4/29/14.(S,R)
April 29, 2014 Filing 1147 Motion by Rachel K. Steinhofer to withdraw as attorney filed in behalf of Flexible Foam Products, Inc. (Steinhofer, Rachel) Modified on 4/29/2014 (S,R).
April 28, 2014 Filing 1146 Transcript of Phone Conference held on April 23, 2014 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [51 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/5/2014. Redaction Request due 5/19/2014. Redacted Transcript Deadline set for 5/29/2014. Release of Transcript Restriction set for 7/28/2014. (N,A)
April 25, 2014 Filing 1145 SEALED Motion for a Stay Pending Appeal # 42 , # 1117 , # 1115 , # 1118 , # 1102 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 1117 , # 1115 , # 1118 , # 1102 . (Lukitsch, Bethany)
April 25, 2014 Filing 1144 Expedited Non-Appeal Transcript Order Form for proceedings held on 04/23/2014 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 04/30/2014 filed by Indirect Purchaser Class, Indirect Purchasers. (Kerger, Richard)
April 24, 2014 Filing 1143 Non-Appeal Transcript Order Form for proceedings held on April 23, 2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: May 24, 2014 filed by FXI-Foamex Innovations, Inc.. (Coller, F.)
April 24, 2014 Filing 1142 Non-Appeal Transcript Order Form for proceedings held on April 23, 2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: May 24, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. (Lukitsch, Bethany)
April 24, 2014 Filing 1141 Marginal Entry Order denying without prejudice # 1128 Defendants' Sealed Motion. May file later if and when ripe. Judge Jack Zouhary on 4/24/2014.(D,L)
April 24, 2014 Opinion or Order Filing 1140 Order Pending before this Court is Defendants Motion to Strike and/or Exclude Plaintiffs Disclosure of Summary Witness (Doc. # 1112 ) and Plaintiffs response (Doc. # 1129 ). This Order supplements discussion during the Record Hearing of April 23, 2014. This Court encourages that procedure in this case and, for now, will deny the Motion to Strike without prejudice and with the right to renew. Judge Jack Zouhary on 4/24/14.(S,R)
April 24, 2014 Opinion or Order Filing 1139 Order re: Motion to Produce EC Decision. For the reasons outlined in Order and the reasons stated on the record, Plaintiffs Motion is denied for now subject to revisitation upon receipt of further information as outlined. (Related Doc # 1048 ). Judge Jack Zouhary on 4/24/14.(S,R)
April 24, 2014 Opinion or Order Filing 1138 Order Pending before this Court is Indirect Purchaser Plaintiffs Motion for Approval of Form of Class Notice (Docs. # 1118 , # 1119 . Comments on this Motion shall be filed by Friday, May 2, 2014. Judge Jack Zouhary on 4/24/2014. (S,R)
April 24, 2014 Filing 1137 Fifth Amended Scheduling Order Having reviewed all the letters, and discussed with counsel proposed revisions, this Court grants Defendants motion in part, allowing for an extensionas outlined in this order. Judge Jack Zouhary on 4/24/14. (S,R)
April 24, 2014 Filing 1136 Non-Appeal Transcript Order Form for proceedings held on 4/23/2014 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 5/24/2014 filed by Future Foam, Inc.. (Passarelli, John)
April 24, 2014 Filing 1135 Non-Appeal Transcript Order Form for proceedings held on 4/24/2014 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 5/24/2014 filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
April 24, 2014 Filing 1134 Non-Appeal Transcript Order Form for proceedings held on 4/23/14 before Judge Zouhary, re # 1126 . Court Reporter: Angela Nixon. Requested completion date: 05/24/2014 filed by Vitafoam, Inc. Related document(s) # 1126 . (Gilmer, Robert) Modified text on 4/25/2014 (S,R).
April 24, 2014 Filing 1133 Non-Appeal Transcript Order Form for proceedings held on 4/23/2014 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 5/24/2014 filed by Leggett & Platt, Inc.. (Warncke, Daniel)
April 23, 2014 Opinion or Order Filing 1132 Order RE: Production of Urethane Expert Reports. The respective Defendants will produce each report to Plaintiffs by Friday, April 25, 2014, along with the related backup data and expert deposition testimony, as requested by Plaintiffs. Judge Jack Zouhary on 4/23/2014. (Attachments: # 1 Exhibit A Plaintiffs' Statement in Support, # 2 Exhibit B Defendants' Response in Opposition to Plaintiffs' Motion to Compel, # 3 Exhibit C Plaintiffs' reply in support of motion to compel)(S,R)
April 23, 2014 Filing 1131 SEALED Document: Sealy Plaintiffs' Response to Defendants' Motion to Strike and/or Exclude The Expert Report and Testimony of Frank A. Wolak, Ph.D. filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. Related document(s) # 42 , # 1128 . (Attachments: # 1 Exhibit A)(Blechman, William)
April 22, 2014 Filing 1130 Amended Notice to take Deposition of Bruce Schneider (Future Foam) on May 22, 2014 filed by All Plaintiffs. (Wolfson, Adam)
April 22, 2014 Filing 1129 Response to # 1112 SEALED Motion to Strike and/or Exclude Plaintiffs' Disclosure of Summary Witness filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Blechman, William)
April 18, 2014 Filing 1128 SEALED Motion to Strike and/or Exclude Expert Report of Frank Wolak # 42 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 . (Attachments: # 1 Exhibit Exhibit A (Expert Report of Wolak), # 2 Exhibit B (Correspondence from Counsel for Sealy Plaintiffs))(Blinn, Meghan)
April 18, 2014 Filing 1127 Notice to take Deposition of General Motors LLC on May 2, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
April 18, 2014 Opinion or Order Filing 1126 ORDER. Record Phone Conference set for 4/23/14 at 2:30 PM (EDT) before Judge Jack Zouhary to discuss Defendants' Request for an Extension of the 5/5/14 Deadline for Defendants' Expert Reports and other scheduling issues. Based on the parties' respective letter submissions, it is clear to this Court who objects to Defendants' request. But it is not clear which Direct Action Plaintiffs have allegedly failed to timely share necessary expert materials. Therefore, all counsel are invited to attend the Conference, but not all counsel are expected to actively participate in the Conference. Class Counsel and Liaison Counsel shall coordinate participation so that participation is both complete and effective. By 4/22/14 counsel shall provide, via email, a call-in number and a Conference roll call. Judge Jack Zouhary on 4/18/14. (S,Na)
April 17, 2014 Filing 1125 Notice of Service of Subpoena filed by Flexible Foam Products, Inc.. (Attachments: # 1 Exhibit Subpoena to Charles L. Moeller)(Millard, Kendall)
April 17, 2014 Filing 1124 Amended Notice Pursuant to Court's Order (Doc. No. # 1103 , # 1121 ) filed by FXI-Foamex Innovations, Inc. (Ryan, Peter) Modified on 4/17/2014 (S,R).
April 17, 2014 Filing 1123 Notice Pursuant to Court's Order (Doc. # 1103 ) filed by Future Foam, Inc. (Blinn, Meghan) Modified on 4/17/2014 (S,R).
April 16, 2014 Filing 1122 Notice Pursuant to Court's Order (Doc. #1103) filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
April 16, 2014 Filing 1121 Notice Pursuant to Court's Order (Doc. No. 1103) filed by FXI-Foamex Innovations, Inc.. (Ryan, Peter)
April 16, 2014 Filing 1120 Notice Pursuant to Court's Order (Doc. #1103) filed by Leggett & Platt, Inc.. (Janchar, Jeanne)
April 16, 2014 Filing 1119 Brief in Support of Indirect Purchaser Plaintiffs' Motion for Approval of Form of Class Notice and Notice Plan and to Set a Final Approval Hearing on the Settlement with Domfoam and Valle filed by Indirect Purchaser Class. Related document(s) # 1118 . (Miller, Marvin)
April 16, 2014 Filing 1118 Motion Approval of Form of Class Notice and Notice Plan and to Set a Final Approval Hearing on the Settlement with Domfoam and Valle filed by Plaintiff Indirect Purchaser Class. (Miller, Marvin)
April 16, 2014 Opinion or Order Filing 1117 Order Indirect Purchaser Plaintiffs Motion For Class Certification (Doc. 577) is GRANTED. An indirect purchaser class under Rule 23(b)(3) of the FRCP for purposes of litigation and trial is CERTIFIED consisting of: All persons or entities in Alabama, Arizona, California, Colorado, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia, and Wisconsin who purchased products containing flexible polyurethane foam, not for resale, which were manufactured, produced or supplied by Defendants or their unnamed co-conspirators from January 1, 1999 to the present. Excluded from the Class are governmental entities, Defendants, their co-conspirators and their representatives, parents, subsidiaries and affiliates. re # 1102 , # 1110 . Jack Zouhary on 4/16/14. (S,R)
April 16, 2014 Filing 1116 Notice of Service of Amended Subpoena to non-party Premier Foam, Inc. filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Blinn, Meghan)
April 16, 2014 Opinion or Order Filing 1115 Order The Direct Purchaser Plaintiffs motion for class certification (Dkt. # 584 ) is granted. This case is certified as a class action under Rule 23(b)(3) of the Federal Rules of Civil Procedure for purposes of litigation and trial. The seven named plaintiffs Ace Foam, Inc.; Adams Foam Rubber Co.; Cambridge of California, Inc.; Foam Factory Inc.; GCW t/a Floors USA; J&S Packaging, Inc; and VFP Acquisitions, Inc. d/b/a Vanguard Foam & Packaging are designated as the Direct Purchaser class representatives. Under Rules 23(c)(1)(B) and 23(g) of the Federal Rules of Civil Procedure, the Court appoints Quinn Emanuel Urquhart & Sullivan, LLP (Quinn Emanuel) and Boies, Schiller & Flexner LLP (BSF) as co-lead class counsel for the class. re # 1102 . Judge Jack Zouhary (MDL2196) on 4/16/14. (S,R)
April 15, 2014 Filing 1114 Notice of Service of Amended Subpoena on non-party Austin Urethane, Inc. filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Blinn, Meghan)
April 15, 2014 Filing 1113 Notice to take Deposition of CAP Carpet Inc.'s Expert Steve Browne on April 25, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Blinn, Meghan)
April 14, 2014 Filing 1112 SEALED Motion: to Strike and/or Exclude Plaintiffs' Disclosure of Summary Witness filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. Related document(s) # 42 . (Attachments: # 1 Exhibit A (Plaintiffs' Disclosure of Summary Witness))(Lukitsch, Bethany) Modified event on 4/15/2014 (S,R).
April 14, 2014 Filing 1111 Proposed Order Certifying Class Action and Appointing Class Counsel filed by Direct Purchaser Class. (Wolfson, Adam)
April 14, 2014 Filing 1110 Proposed Order Certifying Class Action and Appointing Class Counsel filed by Indirect Purchaser Class. (Attachments: # 1 Exhibit Proposed Order Certifying Class Action)(Miller, Marvin)
April 14, 2014 Filing 1109 Amended Notice to take Deposition of Keith B. Leffler, Ph.D. (Certain Direct Action Plaintiffs' Expert) on April 25, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 1105 .(Lukitsch, Bethany)
April 11, 2014 Filing 1108 Notice of Appearance by Aaron M. Herzig filed on behalf of Leggett & Platt, Inc. (Herzig, Aaron) Modified on 4/14/2014 (S,R).
April 11, 2014 Filing 1107 Amended Notice to take Deposition of Dr. Debra J. Aron on April 30, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
April 11, 2014 Filing 1106 Notice to take Deposition of Jeffrey J. Leitzinger, Ph.D. (Direct Purchaser (Class) Plaintiffs' Expert) on April 18, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
April 10, 2014 Filing 1105 Notice to take Deposition of Keith B. Leffler, Ph.D. (Certain Direct Action Plaintiffs' Expert) on April 17, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
April 10, 2014 Filing 1104 Notice to take Deposition of Jonathan Wallace and Christopher Ribeiro (Plaintiffs' Experts) on April 17, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
April 9, 2014 Opinion or Order Filing 1103 Order re: Proposed Redactions to Memorandum Opinion filed Under Seal. Judge Jack Zouhary on 4/9/2014. (D,L)
April 9, 2014 Filing 1102 SEALED Class Certification Memorandum Opinion and Order. Direct Purchasers' Motion # 584 is granted; Indirect Purchasers' Motion # 577 is granted. Judge Jack Zouhary (MDL2196) on 4/9/2014. (D,L)
April 9, 2014 Filing 1101 SEALED Memorandum Opinion and Order denying Defendants' Motions to Exclude the Testimony of Dr. Jeffrey Leitzinger # 848 and Dr. Russell Lamb # 846 ; and denying without prejudice Defendants' Motion to Exclude the Testimony of Dr. Abba Krieger # 844 and Dr. Robert Gordon # 850 . Judge Jack Zouhary (MDL2196) on 4/9/2014. (D,L)
April 9, 2014 Opinion or Order Filing 1100 Order denying # 1097 Plaintiffs' Motion to Strike Defendants' Notice of Supplemental Authority. Judge Jack Zouhary on 4/9/2014.(D,L)
April 9, 2014 Opinion or Order Filing 1099 Order denying # 1088 Defendants' Motion for leave to Make Offer of Proof. Judge Jack Zouhary (MDL2196) on 4/9/2014.(D,L)
April 4, 2014 Filing 1097 SEALED Document: Plaintiffs' Motion to Strike Defendants' Notice of Supplemental Authority filed by Direct Purchaser Class. Related document(s) # 42 . (Attachments: # 1 Exhibit (McCulloch Deposition Transcript Designations))(Wolfson, Adam)
April 3, 2014 Filing 1096 Notice to take Deposition of Abba M. Krieger, PhD (Direct Purchaser (Class) Plaintiffs' Expert) on April 8, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
April 3, 2014 Filing 1095 Notice to take Deposition of Garth L. Wilkes, Ph. D. on April 8, 2014 filed by Carpenter Canada Co., Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Love, Bradley)
April 3, 2014 Opinion or Order Filing 1094 Order regarding sealed electronic filings. Unless the Court hears objections from counsel by noon on Monday, 4/7/2014 , this Court orders the Clerk's Office to give counsel of record electronic access to all sealed documents in this case. This Order will include both sealed filings prior to the date of this Order and all future sealed filings. Judge Jack Zouhary (MDL2196) on 4/3/2014. (D,L)
April 3, 2014 Filing 1093 Notice to take Deposition of Dr. Orley Ashenfelter on April 23, 2014 filed by All Defendants. (Hoernlein, Michael)
April 3, 2014 Filing 1092 Notice to take Deposition of Dr. Debra J. Aron on 4/14/2014 at 8:30 am filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
March 31, 2014 Filing 1091 SEALED Document Plaintiffs' Reply Memorandum In Support of Plaintiffs' Motion to Order Discovery After the Discovery Deadline filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. Related document(s) # 42 , # 1048 . (Attachments: # 1 Exhibit 1 - Email, # 2 Exhibit 2 - Email, # 3 Exhibit 3 - Email, # 4 Exhibit 4 - Email, # 5 Exhibit 5 - Email, # 6 Exhibit 6 - Depo Transcript, # 7 Certificate of Service)(Wicklund, David) Modified terminating motion on 4/1/2014. Wrong event used (S,R).
March 31, 2014 Filing 1090 Opposition to # 1088 Motion for leave to Make an Offer of Proof filed by Direct Purchaser Class. (Wolfson, Adam)
March 31, 2014 Filing 1089 Notice of Filing of Email Correspondence with the Court dated March 28 and 31, 2014 filed by Carpenter Company, FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: # 1 Email correspondence with the Court dated March 28 and 31, 2014)(Ryan, Peter)
March 31, 2014 Filing 1088 Motion for leave to Make an Offer of Proof filed by Carpenter Company, FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: # 1 Affidavit Declaration of Christopher Scott Pugh)(Ryan, Peter)
March 31, 2014 Filing 1087 Notice to take Deposition of Russell L. Lamb, Ph.D. on April 14, 2014 at 9:00 a.m. filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Warncke, Daniel)
March 28, 2014 Filing 1086 SEALED Document: Defendants' Notice of Supplemental Authority in Opposition to Direct and Indirect Purchaser (Class) Plaintiffs' Motions for Class Certification filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 584 , # 577 . (Attachments: # 1 Exhibit A (Vitafoam Rule 30(b)(6) Deposition Transcript), # 2 Exhibit B (Excerpts from Vitafoam In re Urethane Rule 30(b)(6) Deposition Transcript), # 3 Exhibit C (Vitafoam's Objections and Responses to IPPs' Amended RFAs))(Lukitsch, Bethany)
March 27, 2014 Filing 1085 Memorandum in Response to Court's Order of 3/25/2014 filed by Direct Purchaser Class. (Attachments: # 1 Exhibit 1 - Econ One-BLS correspondence re polyols, # 2 Exhibit 2 - Ordover's list of chemicals in BLS index, # 3 Exhibit 3 - Bayer Polypropylene Resins Data Sheets)Related document(s) # 1081 .(Willett, Melissa) Modified on 3/28/2014 (S,R).
March 26, 2014 Filing 1084 Amended Notice of Service of Subpoena filed by Leggett & Platt, Inc.. (Attachments: # 1 Subpoena)(Nilles, Victoria)
March 26, 2014 Filing 1083 Fourth Notice to take Deposition of Charles "Lewie" Moeller on April 25, 2014 filed by All Plaintiffs. (Wiechmann, Eric)
March 25, 2014 Filing 1082 SEALED Document: Second Supplemental Authority in Opposition to Indirect Purchaser Plaintiffs' Motion for Class Certification filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 577 . (Attachments: # 1 Exhibit A (Pleasant Mattress Dep. Tr. Excerpt), # 2 Exhibit B (Ultra Comfort Dep. Tr. Excerpts and Exhibit), # 3 Exhibit C (Irwin Seating Moore Dep. Tr. Excerpts and Exhibit), # 4 Exhibit D (Irwin Seating Vanderkooi Dep. Tr. Excerpt), # 5 Exhibit E (United Furniture Dep. Tr. Excerpt))(Lukitsch, Bethany)
March 25, 2014 Opinion or Order Filing 1081 Order to supplement the record on Motion for class certification (re # 584 ). Defendants suggest Leitzingers cost index omits polyols. To complete the record on this point, Direct Purchasers are directed to file specific evidence to the contrary by March 27, 2014. Judge Jack Zouhary on 3/25/14. (S,R)
March 24, 2014 Filing 1080 SEALED Document: Exhibits B and D to Carpenter Co.'s opposition to Plaintiffs' motion to compel discovery filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. Related document(s) # 42 , # 1079 . (Lukitsch, Bethany)
March 24, 2014 Filing 1079 Memorandum in Opposition to # 1048 Plaintiffs' Motion to order discovery after the discovery deadline filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. (Attachments: # 1 Exhibit A (Plaintiffs' Joint First Set of RFPs), # 2 Exhibit B (slip sheet - filed under seal), # 3 Exhibit C (Carpenter Rule 30(b)(6) Deposition Notice), # 4 Exhibit D (slip sheet - filed under seal), # 5 Exhibit E (In re Methionine Order), # 6 Exhibit F (Bellis Declaration with Annex), # 7 Exhibit G (Excerpt from March 14, 2014 Hearing Transcript))(Lukitsch, Bethany) Modified on 3/25/2014 (S,R).
March 19, 2014 Filing 1078 Notice of Service of Amended Notice of Subpoena Duces Tecum to Third Party Prestige Fabricators, Inc. filed by All Defendants. (Attachments: # 1 Exhibit Schedule A to Subpoena)(Hoernlein, Michael)
March 19, 2014 Filing 1077 Transcript of Telephone Conference held on March 14, 2014 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Judy Gage at 216-357-7238 judygage@ymail.com. [70 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/26/2014. Redaction Request due 4/9/2014. Redacted Transcript Deadline set for 4/21/2014. Release of Transcript Restriction set for 6/17/2014. Related document(s) # 1074 , # 1071 , # 1073 , # 1075 , # 1072 , # 1070 , # 1069 . (G,Ju)
March 19, 2014 Filing 1076 Stipulation & Order dismissing defendant Otto Block Polyurethane Technologies, Inc. pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) without prejudice, with each side to bear its own attorneys fees and costs. re # 1064 . This document relates to: Park Place Corp. v. Carpenter Co., et al., No. 3:13-pf-10010; Am. Bedding Co., et al. v. Carpenter Co., et al., No. 3:13-pf-10009. Judge Jack Zouhary on 3/19/14. (S,R)
March 19, 2014 Filing 1075 Non-Appeal Transcript Order Form for proceedings held on 03/14/2014 before Judge Zouhary, Court Reporter: Judith Gage. Requested completion date: 03/26/2014 filed by Indirect Purchaser Class, Indirect Purchasers. Related doucment # 1067 (Kerger, Richard) Modified on 3/20/2014 (S,R).
March 19, 2014 Filing 1074 Non-Appeal Transcript Order Form for proceedings held on 3/14/2014 before Judge Zouhary, Court Reporter: Judith Gage. Requested completion date: 3/19/2104 filed by Leggett & Platt, Inc. Related document # 1067 . (Warncke, Daniel) Modified on 3/20/2014 (S,R).
March 19, 2014 Filing 1073 Expedited Non-Appeal Transcript Order Form for proceedings held on 3/14/2014 before Judge Jack Zouhary. Court Reporter: Judy Gage. Requested completion date: 3/28/2014 filed by Vitafoam Products Canada Limited, Vitafoam, Inc. Related document(s) # 1067 . (S,R)
March 18, 2014 Filing 1072 Expedited Non-Appeal Transcript Order Form for proceedings held on March 14, 2014 before Judge Jack Zouhary, Court Reporter: Judith Gage. Requested completion date: March 19, 2014 filed by FXI-Foamex Innovations, Inc. Related document # 1067 . (Coller, F.) Modified on 3/19/2014 (S,R).
March 18, 2014 Filing 1071 Expedited Non-Appeal Transcript Order Form for proceedings held on 3/14/2014 before Judge Judge Jack Zouhary. Court Reporter: Judith Gage. Requested completion date: 3/19/2014 filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. Related document(s) # 1067 . (France, Jamie) Modified on 3/19/2014 (S,R).
March 18, 2014 Filing 1070 Expedited Non-Appeal Transcript Order Form for proceedings held on 3/14/2014 before Judge Jack Zouhary. Court Reporter: Judith Gage. Requested completion date: 3/19/2014 filed by Future Foam, Inc. Related document(s) # 1067 . (Passarelli, John) Modified on 3/19/2014 (S,R).
March 18, 2014 Filing 1069 Expedited Non-Appeal Transcript Order Form for proceedings held on March 14, 2014 before Judge Jack Zouhary. Court Reporter: Judith Gage. Requested completion date: March 19, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P. Related document(s) # 1067 . (Lukitsch, Bethany) Modified on 3/19/2014 (S,R).
March 18, 2014 Filing 1068 Amended Notice to take Deposition of Plaintiff Alaco, Inc.'s 30(b)6 witness on April 7, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Ryan, Peter)
March 18, 2014 Opinion or Order Filing 1067 Order Telephone Conference was held on 3/14/2014 to discuss discovery matters. The Court ruled as follows: DENIED FXI-Foamex Innovations Motion for Leave to File expert declaration (Doc. # 1053 ); DENIED non-party W.T. Burnetts Motion to Quash Subpoena (Doc. # 1045 ); DENIED Direct Action (non-Class) Plaintiff General Motor, LLCs Objection to Magistrate Judge Knepps February 7, 2014 Order with respect to search terms; DENIED WITHOUT PREJUDICE TO RENEWING the Objection with respect to lamination plants -- parties will discuss this matter further (Case No. 12-pf-10027, Doc. No. 47); GRANTED Direct Action (non-Class) Plaintiff Ford Motor Companys First Motion to Strike Certain Affirmative Defenses (Case No. 13-pf-10012, Doc. No. 26). The parties will further brief: (1) Doc. # 1048 and (2) Case No. 13-pf-10012, Doc. No. 35. Counsel will submit, under seal and for this Courts in camera review only, the Urethane expert report and the European Commission decision, both of which were discussed during the phone conference. Time: 1 Hour 45 Minutes. Judge Jack Zouhary on 3/18/14. (Attachments: # 1 Roll Call)(S,R)
March 18, 2014 Filing 1066 Notice of Appearance by Deborah Pollack-Milgate filed on behalf of Flexible Foam Products, Inc., Ohio Decorative Products, Inc.(S,R)
March 14, 2014 Filing 1065 Amended Notice of Service of Subpoena filed by Leggett & Platt, Inc.. (Attachments: # 1 Subpoena to Walk-On)(Nilles, Victoria)
March 14, 2014 Filing 1064 Proposed Stipulation and [Proposed] Order to dismiss defendant Otto Bock in cases 3:13-pf-10010 and 3:13-pf-10009 filed by American Bedding Company Inc, Diamond Mattress Company, Otto Bock Polyurethane Technologies, Inc., Park Place Corporation, Rest Master Bedding Company. (Chow, Emily) Modified on 3/17/2014 (S,R).
March 14, 2014 Filing 1063 Stipulation & Order granting defendant Carpenter Co. until March 24,2014 to file response to Plaintiffs' Motion to Order Discovery after the Discovery Deadline. re # 1061 , # 1049 , # 1048 . Judge Jack Zouhary on 3/14/14. (S,R)
March 13, 2014 Filing 1062 Notice of Appearance of Matthew D. Montaigne and Richard A. McAvoy filed on behalf of Hickory Springs Manufacturing Company. (McGuire, Matthew) Modified on 3/14/2014 (S,R).
March 11, 2014 Filing 1061 Proposed Order and Stipulation regarding Defendant Carpenter Co.'s Response to Plaintiffs' Motion to Order Discovery after the Discovery Deadline filed by Carpenter Company, Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. Related document(s) # 1049 , # 1048 . (Lukitsch, Bethany)
March 11, 2014 Filing 1060 Notice of Service of Objections to Second Amended Rule 30(b)(6) Deposition Notice filed by Hickory Springs Manufacturing Company. (McGuire, Matthew)
March 11, 2014 Filing 1059 Cross Notice to take Deposition of Vitafoam, Inc., Vitafoam Products Canada Limited, and British Vita Unlimited, Pursuant to Rule 30(b)(6) on March 18, 2014 filed by General Motors LLC. (Solh, Chahira)
March 11, 2014 Filing 1058 SEALED Document: Reply Brief in Support of Motion For Leave to File Declaration filed by FXI-Foamex Innovations, Inc.. Related document(s) # 42 , # 1053 . (Newell, Francis)
March 10, 2014 Filing 1057 Reply in support of # 1045 Motion to quash subpoena filed by Wm. T. Burnett & Co. (Attachments: # 1 Exhibit Opinion in Schreiber Foods, Inc. v. Indirect Purchaser Plaintiffs)(Archibald, James) Modified on 3/11/2014 (S,R).
March 7, 2014 Filing 1056 SEALED Document: Direct Purchaser (Class) Plaintiffs' Opposition to FXI's Motion for Leave to File filed by Direct Purchaser Class. Related document(s) # 42 , # 1053 . (Attachments: # 1 Exhibit 1 (Excerpt of 1/9/14 Leitzinger Depo Tr), # 2 Exhibit 2 (Excerpt of 7/24/13 Leitzinger Depo Tr))(Wolfson, Adam)
March 6, 2014 Filing 1055 Second Amended Notice to take Deposition pursuant to Rule 30(B)(6) to Vitafoam, Inc., Vitafoam Products Canada Limited, and British Vita Unlimited on March 18, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc.. (Love, Bradley) Modified on 3/7/2014 (S,R).
March 6, 2014 Filing 1054 Response in Opposition to # 1045 Non-Party Corporate Witness William T. Burnett Co.'s Motion to quash subpoena filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: # 1 Exhibit A - Email Chain)(Newell, Francis) Modified on 3/7/2014 (S,R).
March 5, 2014 Filing 1053 SEALED Motion for leave to file a declaration regarding Dr. Leitzinger's exclusion of Automotive and Technical Foam Products from his impact analysis and related conclutions. filed by FXI-Foamex Innovations, Inc. Related document(s) # 42 . (Attachments: # 1 Affidavit of Su Sun and Exhibits)(Newell, Francis) Modified on 3/6/2014 (S,R).
March 4, 2014 Filing 1052 Amended Notice to take Deposition of Diamond Mattress Company on 3/12/2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
March 3, 2014 Filing 1051 Amended Notice of Service of Second Amended Subpoena Duces Tecum filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
March 3, 2014 Filing 1050 Notice of Appearance of Victoria L. Nilles filed on behalf of Leggett & Platt, Inc. (Warncke, Daniel) Modified on 3/3/2014 (S,R).
February 28, 2014 Filing 1049 SEALED Document: Exhibits filed by All Plaintiffs. Related document(s) # 42 , # 1048 . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Wicklund, David) Modified on 3/3/2014 (S,R).
February 28, 2014 Filing 1048 Motion to order discovery against Carpenter Co. after the discover deadline filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class, Indirect Purchasers. (Attachments: # 1 Brief in Support, # 2 Exhibit A Press Release, # 3 Exhibit B Pg 15 - Air Cargo Status Conf Transcript, # 4 Exhibit C Full Transcript - Air Cargo Status Conf, # 5 Exhibit D Flat Glass - Docket No. 185, # 6 Exhibit F Air Cargo - No Public Version, # 7 Exhibit E Flat Glass - Docket No. 200-1, # 8 Certificate of Service, # 9 Proposed Order)(Wicklund, David) Modified on 3/3/2014 (S,R).
February 28, 2014 Filing 1047 Third Amended Notice to take Deposition of Charles L. "Lewie" Moeller on March 17, 2014 filed by All Plaintiffs. (Wiechmann, Eric) Modified on 3/3/2014 (S,R).
February 28, 2014 Filing 1046 Amended Answer and Affirmative Defenses to Direct Purchaser Plaintiffs' Consolidated Amended Class Action Complaint filed by Mohawk Industries, Inc.. Related document(s) # 46 . (Dowell, Matthew)
February 27, 2014 Filing 1045 Motion to quash subpoena filed by Non-Party Corporate Witness Wm. T. Burnett & Co. (Attachments: # 1 Pleading Memorandum in Support of Motion to Quash Subpoena, # 2 Exhibit 1 -Declaration of David Emala, # 3 Exhibit 2 - Burnette Objections, # 4 Exhibit 3 - E-Mail String, # 5 Exhibit 4 - Notice of Service of Subpoena Duces Tecum, # 6 Exhibit 5 - E-Mail Exchange, # 7 Exhibit 6 - Declaration of Carol R. Cockrell, # 8 Exhibit 7 - Burnett Objections and Amended Objections, # 9 Exhibit Aevoe Corp v. AE Tech Co., # 10 Exhibit Federal Document Subpoenas and Dsicovery Deadlines)(Archibald, James) Modified on 3/3/2014 (S,R).
February 27, 2014 Filing 1044 Amended Notice to take Deposition of Barnhardt Manufacturing Company d/b/a NCFI Polyurethanes on February 28, 2014 filed by Hickory Springs Manufacturing Company. (Attachments: # 1 Exhibit Deposition Subpoena)(Hoernlein, Michael)
February 27, 2014 Filing 1043 Objection to Defendants' Third Amended Rule 30(b)(6) Deposition Topics filed by CAP Carpet, Inc.. Related document(s) # 1041 . (Boulware, Brandon)
February 27, 2014 Filing 1042 Marginal Entry Order granting # 1040 Defendant Leggett & Platt's Motion to withdraw as attorney. Attorney Peter J. O'Shea removed from case. Judge Jack Zouhary on 2/27/2014.(D,L)
February 27, 2014 Filing 1041 Amended Notice to take Deposition of CAP Carpet, Inc. 30(b)(6) on March 3, 2014 at 9:00 a.m. filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Warncke, Daniel)
February 27, 2014 Filing 1040 Motion by Peter J. O'Shea to withdraw as attorney filed by Leggett & Platt, Inc. (Warncke, Daniel)
February 27, 2014 Filing 1039 Notice of Service of Non-Party Corporate Witness William T. Burnett Co.'s Objections and Amended Objections to Deposition Subpoena and to the Areas of Examination and Requests for Production in Schedule A to that Subpoena filed by Wm. T. Burnett & Co.. (Archibald, James)
February 26, 2014 Opinion or Order Filing 1038 Order For the reasons stated in the Order, Direct Purchasers' Motion for Protective Order is granted in part (Related Doc # 984 ). Signed by Judge Jack Zouhary on 2/26/2014.(K,K)
February 25, 2014 Filing 1037 Amended Notice of Service of Subpoena on David Charak filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
February 25, 2014 Filing 1036 Second Notice to take Deposition of Mohawk Industries, Inc. (30b6) on March 6, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
February 25, 2014 Filing 1035 Memorandum Opinion and Order RE: Arbitration. For the reasons discussed Mohawks Motion to Compel Arbitration and Stay Claims of Direct Action (Non-Class) Plaintiff CAP Carpet, Inc. as they relate to Mohawk (Case No. 13-pf- 10004, Doc. 24) is granted. Mohawks Motion for Leave to Amend its Answer to the Direct Purchaser Plaintiffs Consolidated Amended Class Action Complaint (Case No. 10-md-2196, Doc. # 828 ) is also granted. Judge Jack Zouhary on 2/25/2014.(S,R)
February 25, 2014 Filing 1034 Amended Notice of Service of of Amended Subpoena Duces Tecum to Healthier Choice Flooring LLC filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
February 24, 2014 Filing 1033 Fourth Amended Scheduling Order Counsel recently submitted proposed changes to the Third Amended Scheduling Order (Doc. No. # 814 ). This Court adopts most of those dates, and sets forth the remaining calendar for 2014 within. Final Pretrial Conference (in-person) October 1 @ 10 AM; Trial October 15 @ 9 AM. Judge Jack Zouhary on 2/24/14. (S,R)
February 24, 2014 Filing 1032 Reply to response to # 984 Motion for protective order Regarding Defendants' Subpoenas to Absent Class Members filed by Direct Purchaser Class. (Wolfson, Adam)
February 24, 2014 Filing 1031 Notice of Supplemental Authority in Further Support of Motion for Class Certification filed by Direct Purchaser Class. Related document(s) # 584 .(Wolfson, Adam)
February 21, 2014 Opinion or Order Filing 1030 Order. Phone Conference held on 2/21/2014 re discovery dispute. Certain Defendants' Renewed Motion to Compel # 1026 is granted. Judge Jack Zouhary(MDL2196) on 2/21/2014. (30 mins)(D,L)
February 21, 2014 Filing 1029 Amended Notice of Service of Subpoena on Timothy Toole filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
February 21, 2014 Filing 1028 Amended Notice of Service of Subpoena on Quality Carpet Cushion filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
February 20, 2014 Filing 1027 Opposition to # 1026 Second SEALED Motion to Compel the Deposition Pursuant to Rule 30(b)(6) of Vitafoam and Request for Expedited Hearing # 42 , # 988 , # 986 filed by British Vita Unlimited, Vitafoam Products Canada Limited, Vitafoam, Inc.. (Mullen, Wesley)
February 20, 2014 Filing 1026 Second SEALED Motion to Compel the Deposition Pursuant to Rule 30(b)(6) of Vitafoam and Request for Expedited Hearing # 42 , # 988 , # 986 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 988 , # 986 . (Lukitsch, Bethany)
February 20, 2014 Filing 1025 Amended Notice to take Deposition of Plaintiff Sleep Inc. dba Englander Northeast on February 27, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Ryan, Peter)
February 19, 2014 Filing 1024 SEALED Document: Indirect Purchaser Plaintiffs Response To Defendant Carpenters Purported Supplemental Authority filed by Indirect Purchaser Class. Related document(s) # 42 , # 1020 . (Attachments: # 1 Exhibit Ex. A - Freeman Dep. Excerpts, # 2 Exhibit Ex. B - 2008 Sealy 10-K, # 3 Exhibit Ex. C - 2006 Sealy 10-K)(Miller, Marvin)
February 19, 2014 Filing 1023 Notice to take Deposition of United Furniture Industries, Inc., United Furniture Industries NC, LLC, and United Furniture Industries CA, Inc. (30(b)(6)) on February 27, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
February 19, 2014 Filing 1022 Amended Notice to take Deposition of Pleasant Mattress Company d/b/a Spring Air California (30(b)(6)) on March 5, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 981 .(Lukitsch, Bethany)
February 17, 2014 Filing 1021 Opposition to # 984 Motion for protective order Regarding Defendants' Subpoenas to Absent Class Members filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: # 1 Exhibit A (Excerpts from Aearo Technologies website), # 2 Exhibit B (Article on Austin Urethane), # 3 Exhibit C (Excerpt from Barnhardt/NCFI website), # 4 Exhibit D (Excerpts from Chestnut Ridge Foam website), # 5 Exhibit E (Excerpts from Flex Foam website), # 6 Exhibit F (Excerpts from Healthier Choice website), # 7 Exhibit G (Excerpts from Johnson Controls website), # 8 Exhibit H (Excerpts from Prestige Fabricators website), # 9 Exhibit I (Revised Schedule A to third-party subpoenas))(Lukitsch, Bethany)
February 17, 2014 Filing 1020 SEALED Document: Supplemental Authority in Opposition to Indirect Purchaser Plaintiffs' Motion for Class Certification filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 577 . (Attachments: # 1 Exhibit A (Excerpts from Sealy Rule 30(b)(6) Deposition))(Lukitsch, Bethany)
February 14, 2014 Filing 1019 Amended Notice to take Deposition of Monica Cordonnier on 2/26/2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
February 14, 2014 Filing 1018 Amended Notice to take Deposition of Peter Socia on 2/25/2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
February 14, 2014 Filing 1017 Amended Notice to take Deposition of Shilpan Amin on 2/28/2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
February 14, 2014 Filing 1016 Amended Notice to take Deposition of Francesco Liburdi on 2/25/2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
February 14, 2014 Filing 1015 Stipulation & Order granting Defendants' extension of time until 3/14/2014 to answer or otherwise Respond to complaints in 3:13-pf-10010 and 3:13-pf-10009. re # 1014 . Judge Jack Zouhary on 2/14/14. (S,R)
February 14, 2014 Filing 1014 Proposed Stipulation for Extension of Time to Answer or Otherwise Respond filed by American Bedding Company Inc, Crest Foam Industries, Inc., Diamond Mattress Company, Inoac Corp., Inoac USA Inc., Ohio Decorative Products, Inc., Otto Bock Polyurethane Technologies, Inc., Park Place Corporation, Plastomer Corp., Rest Master Bedding Company. (Iwrey, Howard)
February 13, 2014 Opinion or Order Filing 1013 Order denying Plaintiffs' Motion for sanctions and, in the alternative, to compel (Related Doc # 918 ). Magistrate Judge James R. Knepp, II on 2/13/14.(A,P)
February 12, 2014 Filing 1012 Amended Notice to take Deposition of Diamond Mattress Company on 3/4/2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
February 11, 2014 Filing 1011 Amended Notice to take Deposition of Hickory Springs on March 14, 2014 at 9:00 A.M. filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Liston, William)
February 11, 2014 Filing 1010 Transcript of Morning Phone Conference held on January 24, 2014 before Judge James Knepp. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [87 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 2/18/2014. Redaction Request due 3/4/2014. Redacted Transcript Deadline set for 3/14/2014. Release of Transcript Restriction set for 5/12/2014. (N,A)
February 11, 2014 Filing 1009 Amended Notice to take Deposition of Rest Master Bedding Company, 30(b)(6) on February 21, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
February 11, 2014 Filing 1008 Notice to take Deposition of Mark Stenger of Hickory Springs on March 13, 2014 filed by Direct Purchaser Class. (Sheanin, Aaron)
February 10, 2014 Filing 1007 Amended Notice to take Deposition of Furniture Brands International, Inc. (30(b)(6)) on February 28, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 727 , # 942 , # 941 .(Lukitsch, Bethany)
February 10, 2014 Filing 1006 Amended Notice to take Deposition of Future Foam on February 28, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
February 10, 2014 Filing 1005 Amended Notice to take Deposition of Ken Conaway on February 27, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
February 10, 2014 Filing 1004 Expedited Non-Appeal Transcript Order Form for proceedings held on 1/24/14 before Judge Knepp, re # 989 Transcript - Official Court Transcript filed by Court Reporter,,. Court Reporter: Angela Nixon. Requested completion date: 2/14/14 filed by Vitafoam Products Canada Limited, Vitafoam, Inc.. Related document(s) # 989 . (Gilmer, Robert)
February 10, 2014 Filing 1003 Expedited Non-Appeal Transcript Order Form for proceedings held on 2/7/2014 before Judge Knepp, Court Reporter: Angela Nixon. Requested completion date: 2/11/2014 filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
February 10, 2014 Filing 1002 Transcript of Phone Conference held on February 7, 2014 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [39 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 2/17/2014. Redaction Request due 3/3/2014. Redacted Transcript Deadline set for 3/13/2014. Release of Transcript Restriction set for 5/12/2014. (N,A)
February 10, 2014 Filing 1001 Expedited Non-Appeal Transcript Order Form for proceedings held on February 7, 2014 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: February 11, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. (Lukitsch, Bethany)
February 10, 2014 Filing 1000 Expedited Non-Appeal Transcript Order Form for proceedings held on 2/7/2014 before Judge Zouhary, re # 998 Minute Order _ Telephone Conference,,,, Terminate Motions,,,. Court Reporter: Angela Nixon. Requested completion date: 2/11/2014 filed by Vitafoam Products Canada Limited, Vitafoam, Inc.. Related document(s) # 998 . (Gilmer, Robert)
February 10, 2014 Filing 999 Entry of Appearance by James K. Archibald filed on behalf of non-party Wm. T. Burnett & Co. (S,R)
February 7, 2014 Opinion or Order Filing 998 ORDER RE: DISCOVERY MATTERS. This Court held a Record Phone Conference on 2/7/2014. (Court Reporter: Angela Nixon). See attached roll call sheet for counsel on the call. This Court denied without prejudice Certain Defendants' Motion to Compel the Deposition Pursuant to Rule 30(b)(6) of Vitafoam ("the Motion to Compel") # 988 . See Order for deadlines. The parties will promptly file a joint proposed Amended Scheduling Order, reflecting adjustments to the pretrial case schedule. If agreement cannot be reached as to a given date, the parties will submit to Chambers via email alternative suggested dates by 2/14/2014, keeping in mind the trial is firmly set for October 2014. Judge Jack Zouhary(MDL2196) on 2/7/2014. (Attachments: # 1 Roll Call) (1 hr)(D,L)
February 7, 2014 Filing 997 Joint Proposed Stipulation Regarding the Deposition of Direct Purchaser Plaintiff GCW Carpet Wholesalers, Inc. filed by Carpenter Company, Carpenter Holdings, Inc., Direct Purchaser Class, E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
February 7, 2014 Filing 996 Amended Notice to take Deposition of Advanced Sleep Concepts d/b/a Englander Southeast on February 25, 2014 filed by Carpenter Company, FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation. Related document(s) # 888 , # 795 .(Ryan, Peter)
February 7, 2014 Filing 995 Notice to take Deposition of Shilpan Amin on 2/14/14 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
February 7, 2014 Filing 994 Notice to take Deposition of Peter Socia on 2/13/14 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
February 7, 2014 Filing 993 Notice to take Deposition of Monica Cordonnier on 2/12/14 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
February 7, 2014 Filing 992 Notice to take Deposition of Kim Brycz on 2/14/14 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
February 7, 2014 Filing 991 Notice to take Deposition of Francesco Liburdi on 2/13/14 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
February 7, 2014 Filing 990 Supplemental Authority Relating to Classwide Conspiracy filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P. Related document(s) # 985 . (Attachments: # 1 Exhibit A (Carpenter Press Release)) (Lukitsch, Bethany) Modified on 2/7/2014 (S,R).
February 7, 2014 Filing 989 Transcript of Phone Conference held on January 24, 2014 before Judge James Knepp. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [73 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 2/14/2014. Redaction Request due 2/28/2014. Redacted Transcript Deadline set for 3/10/2014. Release of Transcript Restriction set for 5/8/2014. (N,A)
February 5, 2014 Filing 988 SEALED Motion to Compel the Deposition Pursuant to Rule 30(b)(6) of Vitafoam and Request for Expedited Hearing # 42 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc.. Related document(s) # 42 . (Attachments: # 1 Affidavit of Bradley Love in support of Defendants' Motion)(Love, Bradley)
February 4, 2014 Filing 987 Notice of Service of Objections to Amended Rule 30(b)(6) Deposition Notice filed by Hickory Springs Manufacturing Company. (McGuire, Matthew)
February 4, 2014 Filing 986 Amended Notice to take Deposition of Vitafoam, Inc., Vitafoam Products Canada Limited, and British Vita Unlimited on February 14, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc.. (Love, Bradley)
February 3, 2014 Filing 985 Supplemental Authority Relating to Classwide Conspiracy by Carpenter and Vitafoam Defendants filed by Indirect Purchaser Class. (Miller, Marvin)
February 3, 2014 Filing 984 Motion for protective order Regarding Defendants' Subpoenas to Absent Class Members filed by Plaintiff Direct Purchaser Class. (Attachments: # 1 Affidavit of Adam B. Wolfson)(Wolfson, Adam)
February 2, 2014 Filing 983 Notice to take Deposition of Ron Smolinski on February 10, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 31, 2014 Filing 982 SEALED Document: Reply Memorandum to Defendant Carpenter's Response in Opposition to Plaintiffs' # 918 Motion for Sanctions, and in the alternative, Motion to Compel filed by Direct Purchaser Class, Indirect Purchaser Class. Related document(s) # 42 , # 970 . (Attachments: # 1 Exhibit A - Written Questions)(Wicklund, David) Modified on 2/3/2014 (S,R).
January 30, 2014 Filing 981 Notice to take Deposition of Pleasant Mattress Company d/b/a Spring Air California (30(b)(6)) on February 7, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
January 29, 2014 Filing 980 Amended Notice to take Deposition of Hickory Springs on February 12, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Liston, William)
January 29, 2014 Filing 979 Objection to Defendants' Second Amended Rule 30(b)(6) Deposition Topics filed by CAP Carpet, Inc.. Related document(s) # 871 . (Boulware, Brandon)
January 28, 2014 Filing 978 Notice to take Deposition of Tony Dacosta on January 28, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
January 28, 2014 Filing 977 Notice to take Deposition of Doug Dolphin on January 28, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
January 27, 2014 Filing 976 Notice to take Deposition of Dan Fritz on February 12, 2014 at 1:00 p.m. EST filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 27, 2014 Filing 975 Notice to take Deposition of Nathan Slating on February 12, 2014 at 9:00 a.m. EST filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 27, 2014 Filing 974 Amended Notice to take Deposition of Jan Denenberg on February 7, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 27, 2014 Filing 973 Notice of Service of Subpoena to Aearo Technologies LLC filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: # 1 Exhibit A (Subpoena))(McGuire, Matthew)
January 26, 2014 Filing 972 Notice of Appearance of Valarie C. Williams filed by on behalf of Mohawk Industries, Inc.. (Dowell, Matthew) Modified on 1/27/2014 (S,R).
January 25, 2014 Filing 971 Responses and Objections of Vitafoam Defendants to Notice of 30(b)(6) Deposition [ECF No. 891] filed by British Vita Unlimited, Vitafoam Products Canada Limited, Vitafoam, Inc.. Related document(s) # 891 .(Mullen, Wesley)
January 24, 2014 Filing 970 SEALED Document: Memorandum in Opposition to Class Plaintiffs' Motion for Sanctions and, in the Alternative, Motion to Compel filed by Carpenter Company. Related document(s) # 42 , # 918 , # 911 . (Attachments: # 1 Exhibit 1 (Excerpts from Carpenter 30(b)(6) Deposition Transcript), # 2 Exhibit 2 (Excerpts from Carpenter In re Urethane 30(b)(6) Deposition Transcript), # 3 Exhibit 3 (Meet and Confer Letter and Related Email Correspondence), # 4 Exhibit 4 (Excerpts from Stan Pauley Deposition Transcript), # 5 Exhibit 5 (Excerpts from Adams Foam 30(b)(6) Deposition Transcript), # 6 Exhibit 6 (Excerpts from J&S Packaging 30(b)(6) Deposition Transcript))(Lukitsch, Bethany)
January 23, 2014 Filing 969 Notice of Service of Subpoenas Duces Tecum filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., Future Foam, Inc., Leggett & Platt, Inc.. (Lukitsch, Bethany)
January 23, 2014 Filing 968 expedited Non-Appeal Transcript Order Form for proceedings held on 1/15/14 before Judge Zouchary, re # 967 Transcript - Official Court Transcript filed by Court Reporter,,,. Court Reporter: Spore. Requested completion date: 1/23/14 filed by Direct Purchaser Class. Related document(s) # 967 . (Willett, Melissa)
January 23, 2014 Filing 967 Transcript of Hearing on Motion for Class Certification held on 1/15/14 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [306 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/30/2014. Redaction Request due 2/13/2014. Redacted Transcript Deadline set for 2/24/2014. Release of Transcript Restriction set for 4/23/2014. Related document(s) # 939 , # 949 , # 951 , # 952 , # 950 , # 948 , # 946 , # 947 . (S,Tr)
January 23, 2014 Filing 966 Notice to take Deposition of Steve Garrison on January 14, 2014 filed by All Plaintiffs. Related document(s) # 927 .(Rupert, Kurt)
January 23, 2014 Filing 965 Amended Notice to take Deposition of General Motors LLC on January 30, 2014 and January 31, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
January 22, 2014 Filing 964 Notice of Filing filed by British Vita Unlimited, Vitafoam Products Canada Limited, Vitafoam, Inc.. (Attachments: # 1 Exhibit A - Letter to Zouhary Chambers, # 2 Exhibit B - Gariety v. Thornton case)(Gilmer, Robert)
January 22, 2014 Filing 963 Letter to Judge Zouhary filed by Indirect Purchaser Class. (Miller, Marvin)
January 21, 2014 Filing 962 Notice of Service of Of Subpoenas Duces Tecum filed by Flexible Foam Products, Inc.. (Love, Bradley)
January 21, 2014 Filing 961 Notice of Service of Of Subpoenas Duces Tecum filed by Flexible Foam Products, Inc.. (Love, Bradley)
January 21, 2014 Filing 960 SEALED Document: Notice of Filing of Defendants' Responses to the Court's Questions and Accompanying Notebook Regarding Class Certification (As to Indirect Purchasers) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 898 . (Attachments: # 1 Exhibit Ex. 1 - Defendants' Responses to the Court's Questions, # 2 Exhibit Ex. 2 - Defendants' Notebook For Hearing On Indirect Purchasers' Motion For Class Certification)(Lukitsch, Bethany)
January 21, 2014 Filing 959 SEALED Document: Notice of Filing of Defendants' Responses to the Court's Questions and Accompanying Notebook Regarding Class Certification (As to Direct Purchasers) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 898 . (Attachments: # 1 Exhibit Ex. 1 - Defendants' Responses to the Court's Questions, # 2 Exhibit Ex. 2 - Defendants' Notebook For Hearing On Direct Purchasers' Motion For Class Certification)(Lukitsch, Bethany)
January 20, 2014 Filing 958 SEALED Document: Additional Exhibit to Notice of Filing filed by Indirect Purchaser Class. Related document(s) # 42 , # 957 . (Miller, Marvin)
January 20, 2014 Filing 957 SEALED Document: Notice of Filing filed by Indirect Purchaser Class. Related document(s) # 42 . (Attachments: # 1 Exhibit Slides Used at Class Certification Hearing, # 2 Exhibit Figure 8 to Declaration of Russell Lamb, # 3 Exhibit Figure 9 to Declaration of Russell Lamb)(Miller, Marvin)
January 17, 2014 Filing 956 Amended Notice to take Deposition of Don Phillips on January 23, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 17, 2014 Filing 955 Notice of Filing documents under seal filed by Direct Purchaser Class. Related document(s) # 954 .(Wolfson, Adam) Modified on 1/21/2014 (S,R).
January 17, 2014 Filing 954 SEALED Document: Direct Purchaser (Class) Plaintiffs' Class Certification Hearing Slides & Transcript of January 9, 2014 Deposition of Dr. Jeffrey Leitzinger filed by Direct Purchaser Class. Related document(s) # 42 , # 938 . (Attachments: # 1 Exhibit)(Wolfson, Adam)
January 17, 2014 Filing 953 FILING ERROR. Refiled on 3:13-pf-10012. Proposed Stipulation For Extension Of Time To Answer Or Otherwise Respond filed by Ford Motor Company, Ohio Decorative Products, Inc., Plastomer Corp.. (Millard, Kendall) Modified on 1/21/2014 (S,R).
January 17, 2014 Filing 952 Expedited Non-Appeal Transcript Order Form for proceedings held on 1/15/2014 before Judge Jack Zouhary, Court Reporter: Tracy Spore, RMR, CRR. Requested completion date: 1/31/2014 filed by FXI-Foamex Innovations, Inc.. (Coller, F.)
January 17, 2014 Filing 951 Expedited Non-Appeal Transcript Order Form for proceedings held on 1/15/2014 before Judge Judge Jack Zouhary, Court Reporter: Tracy Spore, RMR, CRR. Requested completion date: 1/24/2014 filed by CAP Carpet, Inc.. (Beil, William)
January 17, 2014 Filing 950 Non-Appeal Transcript Order Form for proceedings held on 1/15/2014 before Judge Judge Jack Zouhary, Court Reporter: Tracy Spore. Requested completion date: 2/1/2014 filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie)
January 17, 2014 Filing 949 Non-Appeal Transcript Order Form for proceedings held on 01/15/2014 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 01/31/2014 filed by Indirect Purchaser Class. (Kerger, Richard)
January 17, 2014 Filing 948 Non-Appeal Transcript Order Form for proceedings held on 1/15/2014 before Judge Judge Jack Zouhary, Court Reporter: Tracy Spore. Requested completion date: 2/1/2014 filed by Future Foam, Inc.. (Passarelli, John)
January 17, 2014 Filing 947 Non-Appeal Transcript Order Form for proceedings held on 1/15/2014 before Judge Jack Zouhary, Court Reporter: Tracy Spore. Requested completion date: 1/31/2014 filed by Mohawk Industries, Inc.. (Dowell, Matthew)
January 17, 2014 Filing 946 Non-Appeal Transcript Order Form for proceedings held on 1/15/2014 before Judge Jack Zouhary, re # 938 Evidentiary Hearing. Court Reporter: Tracy Spore. Requested completion date: 2/1/2014 filed by Vitafoam Products Canada Limited, Vitafoam, Inc.. Related document(s) # 938 . (Gilmer, Robert)
January 17, 2014 Filing 945 Amended Notice to take Deposition of Future Foam (30b6) on February 4, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 17, 2014 Filing 944 Amended Notice to take Deposition of Hickory Springs (30b6) on February 12, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 17, 2014 Filing 943 Amended Notice to take Deposition of Mohawk Industries (30b6) on February 10, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 16, 2014 Filing 942 Amended Notice to take Deposition of Furniture Brands International, Inc. (30(b)(6)) on February 12, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 727 , # 941 .(Lukitsch, Bethany)
January 16, 2014 Filing 941 Amended Notice to take Deposition of Furniture Brands International, Inc. (30(b)(6)) on January 28, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 727 .(Lukitsch, Bethany)
January 16, 2014 Filing 940 Amended Notice to take Deposition of Sealy Corporation (30(b)(6)) on February 6, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 812 .(Lukitsch, Bethany)
January 16, 2014 Filing 939 Expedited Non-Appeal Transcript Order Form for proceedings held on January 15, 2014 before Judge Zouhary, Court Reporter: Tracy Spore, RMR, CRR. Requested completion date: January 24, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. (Lukitsch, Bethany)
January 16, 2014 Filing 938 Minutes of proceedings before Judge Jack Zouhary. Class Action Hearing held on 1/15/2014 (Court Reporter: Tracy Spore). Attendees listed on attached Sign In Sheet. Time: 8 hours. (D,L)
January 14, 2014 Filing 937 Marginal Entry Order granting Woodbridge Defendants' Motion to withdraw attorney Allison C. Kop removed from case. (Related Doc # 935 ). Judge Jack Zouhary on 1/14/2014.(S,R)
January 14, 2014 Filing 936 Preliminary Comments by Court Prior to Class Certification Hearing. Judge Jack Zouhary on 1/14/2014. (D,L)
January 14, 2014 Filing 935 Motion to withdraw Allison C. Kop as attorney of record filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (France, Jamie) Modified on 1/14/2014 (S,R).
January 14, 2014 Filing 934 Entry of Appearance of Candice Ray filed on behalf of Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (France, Jamie) Modified on 1/15/2014 (S,R).
January 14, 2014 Filing 933 Notice of Correction to Certificate of Service filed by British Vita Unlimited, Vitafoam Products Canada Limited, Vitafoam, Inc.. Related document(s) # 919 .(Mullen, Wesley)
January 14, 2014 Filing 932 Amended Notice to take Deposition of Al Servati on February 5, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 14, 2014 Filing 931 Marginal Order granting Stipulation for extension of time until 1/27/2014 to answer or otherwise respond re: 3:13-pf-10009 and 3:13-pf-10010. re # 914 . Judge Jack Zouhary on 1/13/14. (S,R)
January 14, 2014 Filing 930 Notice to take Deposition of Ken Conaway on February 13, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 14, 2014 Filing 929 Notice to take Deposition of Future Foam, Inc. (30b6) on February 4, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 14, 2014 Filing 928 Notice to take Deposition of Mohawk Industries, Inc. (30b6) on February 10, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 14, 2014 Filing 927 Notice to take Deposition of Steve Garrison on February 6, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 14, 2014 Filing 926 Notice to take Deposition of Charles Palmer on February 6, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 14, 2014 Filing 925 Notice to take Deposition of John-Michael Picard on February 5, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 14, 2014 Filing 924 Notice to take Deposition of Al Servati on February 2, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 14, 2014 Filing 923 Notice to take Deposition of Jan Denenberg on January 29, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 14, 2014 Filing 922 Notice to take Deposition of Rob Heller on January 28, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 14, 2014 Filing 921 Notice to take Deposition of Tom Stinson on January 23, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 14, 2014 Filing 920 Amended Notice to take Deposition of Don Phillips on January 23, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
January 14, 2014 Filing 919 Notice of Service of Vita Defendants' First Set of Interrogatories and Requests for Production to Plaintiffs Park Place Corporation, American Bedding Company, Inc., Diamond Mattress Company, Rest Master Bedding Company, Factory Direct, Inc., LaCrosse Furniture Company, CAP Carpet, Inc., Jackson Furniture Company of Virginia, Jackson Furniture Industries, Inc., L&J Products and Sales, Inc. filed by Vitafoam, Inc. (Mullen, Wesley) Modified on 1/14/2014 (S,R).
January 13, 2014 Filing 918 SEALED Motion for sanctions and in the Alternative, Motion to compel filed by Direct Purchaser Class, Indirect Purchaser Class. (Attachments: # 1 Memorandum In Support of Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order, # 7 Certificate of Service)(Wolfson, Adam). Modified sealing document on 1/24/2014 (S,R).
January 13, 2014 Filing 917 FILING ERROR. Refiled on 3:13-pf-10012. Answer to Amended complaint filed by David Carson. (H,JD) Modified on 1/14/2014 (S,R).
January 13, 2014 Filing 916 Amended Notice to take Deposition of Alaco, Inc. on February 11, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Group, Woodbridge Sales & Engineering, Inc.. (Ryan, Peter)
January 13, 2014 Filing 915 Amended Notice to take Deposition of Somnus Mattress Corporation on February 10, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Group, Woodbridge Sales & Engineering, Inc.. (Ryan, Peter)
January 13, 2014 Filing 914 Proposed Stipulation for Extension of Time to Answer or Otherwise Respond filed by American Bedding Company Inc, Crest Foam Industries, Inc., Diamond Mattress Company, Inoac Corp., Inoac USA Inc., Ohio Decorative Products, Inc., Otto Bock Polyurethane Technologies, Inc., Park Place Corporation, Plastomer Corp., Rest Master Bedding Company. (Iwrey, Howard)
January 11, 2014 Filing 913 Notice of Service of Objections and Responses to Indirect Purchaser Plaintiffs' Amended Requests for Admission filed by Vitafoam Products Canada Limited, Vitafoam, Inc. (Mullen, Wesley) Modified on 1/13/2014 (S,R).
January 10, 2014 Filing 912 FILING ERROR. Refiled as attachment to # 918 . Memorandum in Support of # 911 Motion for sanctions and in the alternative, Motion to compel filed by Direct Purchaser Class, Indirect Purchaser Class. (Attachments: # 1 Exhibit A - Exhibit 15 to 12-18-13 Carpenter 30(b)(6) Deposition, # 2 Exhibit B - Select Exhibits to 2-17-12 Carpenter 30(b)(6) Depositions, # 3 Exhibit C - Select Exhibits to 12-18-13 Carpenter 30(b)(6) Deposition, # 4 Exhibit D - Fed. R. Civ. P. 37(a)(1) Certification)(Wolfson, Adam) Modified on 1/13/2014 (S,R). Modified on 1/17/2014 (S,R).
January 10, 2014 Filing 911 FILING ERROR. Document refiled # 918 . Motion for sanctions, and in the alternative Motion to compel filed by Direct Purchaser Class, Indirect Purchaser Class. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) (Wolfson, Adam). modified on 1/13/2014. (S,R).
January 10, 2014 Filing 910 SEALED Document: Reply memorandum in support of motion to strike and/or exclude the expert report and testimony of Dr. Matthew P. Gordon (Daubert motion) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 850 , # 887 . (Lukitsch, Bethany)
January 10, 2014 Filing 909 SEALED Document: Reply memorandum in support of motion to strike and/or exclude the rebuttal expert report and testimony of Abba M. Krieger, PhD (Daubert motion) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 844 , # 886 . (Lukitsch, Bethany)
January 10, 2014 Filing 908 SEALED Document: Reply memorandum in support of motion to strike and/or exclude the expert report and testimony of Dr. Russell L. Lamb (Daubert motion) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 875 , # 846 . (Attachments: # 1 Exhibit A (Supplemental Excerpt from Dr. Krieger Deposition), # 2 Exhibit B (Excerpt from Henry Johs Deposition))(Lukitsch, Bethany)
January 10, 2014 Filing 907 SEALED Document: Reply memorandum in support of motion to strike and/or exclude the expert report and testimony of Dr. Jeffrey J. Leitzinger (Daubert motion) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 885 , # 848 . (Lukitsch, Bethany)
January 10, 2014 Filing 906 Amended Notice to take Deposition of Irwin Seating Company (30(b)(6)) on January 21, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Blinn, Meghan)
January 10, 2014 Filing 905 Response in Opposition to Defendants' # 894 Motion to strike the Sur-Rebuttal Reports of Drs. Janusz Ordover and Michelle Burtis filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: # 1 Exhibit A (Dec 18, 2013 Transcript Excerpt), # 2 Exhibit B (Nov 5, 2013 Transcript Excerpt))(McGuire, Matthew) Modified on 1/13/2014 (S,R).
January 10, 2014 Filing 904 Amended Notice to take Deposition of Simmons Bedding Company (30(b)(6)) on January 28, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 797 .(Lukitsch, Bethany)
January 10, 2014 Filing 903 Questions on Arbitration Matters to be discussed at Hearing on Class Certification. Judge Jack Zouhary (MDL2196) on 1/10/2014. (D,L)
January 9, 2014 Filing 902 FILING ERROR. Refiled on 3:13-pf-10012 Answer to Amended Complaint, filed by Louis Carson. (H,JD) Modified on 1/10/2014 (S,R).
January 9, 2014 Filing 901 Notice to take Deposition of 30(b)(6) Rest Master Bedding Company on January 30, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
January 9, 2014 Filing 900 Notice to take Deposition of 30(b)(6) Diamond Mattress Company on February 13, 2014 filed by Carpenter Canada Co., Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
January 9, 2014 Filing 899 Notice to take Deposition of Michael Schwartz on January 27, 2014 filed by Carpenter Holdings, Inc., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Warncke, Daniel)
January 9, 2014 Filing 898 Questions for the Hearing on Class Certification. Judge Jack Zouhary (MDL2196) on 1/9/2014. (D,L)
January 9, 2014 Filing 897 Amended Notice to take Deposition of Leggett & Platt Inc. on January 16, 2014 filed by All Plaintiffs. (Lynch, James)
January 9, 2014 Filing 896 Notice to take Deposition of Leggett & Platt Inc. on January 16, 2014 filed by All Plaintiffs. (Lynch, James)
January 9, 2014 Filing 895 Entry of Appearance of Jamie E. France filed on behalf of Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (Kop, Allison) Modified on 1/10/2014 (S,R).
January 9, 2014 Filing 894 Motion to strike the Sur-Rebuttal Reports of Drs. Janusz Ordover and Michelle Burtis filed by Plaintiff Direct Purchaser Class. Related document(s) # 893 , # 892 . (Wolfson, Adam)
January 8, 2014 Filing 893 SEALED Document: Notice of Filing of Rebutal Report of Dr. Michelle Burtis filed by Leggett & Platt, Inc., Mohawk Industries, Inc.. Related document(s) # 42 , # 679 , # 584 , # 682 . (Attachments: # 1 Affidavit Rebuttal Report of Dr. Michelle Burtis)(Warncke, Daniel)
January 8, 2014 Filing 892 SEALED Document: Notice of Filing of Expert Reply Reports filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 584 , # 577 . (Attachments: # 1 Exhibit Expert Reply Report of Janusz A. Ordover, Ph.D. (Dr. Leitzinger), # 2 Exhibit Expert Reply Report of Janusz A. Ordover, Ph.D. (Dr. Krieger), # 3 Exhibit Expert Reply Report of Janusz A. Ordover, Ph.D. (Dr. Lamb))(Lukitsch, Bethany)
January 8, 2014 Filing 891 Notice to take Deposition of Vitafoam, Inc., Vitafoam Products Canada Limited, and British Vita Unlimited on February 4, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc.. (Millard, Kendall)
January 8, 2014 Filing 890 Amended Notice to take Deposition of Grand Rapids Bedding Co. (30(b)(6)) on February 12, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Blinn, Meghan)
January 7, 2014 Filing 889 Position on the Relative Timing of the Court's Decisions on Plaintiffs' Motions for Class Certification and Defendants' Daubert Motions filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (Lukitsch, Bethany) Modified on 1/8/2014 (S,R).
January 6, 2014 Filing 888 Amended Notice to take Deposition of Advanced Sleep Concepts d/b/a Englander Southeast on January 31, 2014 filed by Carpenter Company, FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation. (Ryan, Peter)
January 3, 2014 Filing 887 SEALED Document: Direct Purchaser (Class) Plaintiffs' Opposition to Defendants' Motion to Exclude and/or Strike the Report and Testimony of Dr. Matthew P. Gordon filed by Direct Purchaser Class. Related document(s) # 42 . (Attachments: # 1 Exhibit A (Gordon Report), # 2 Exhibit B (Gordon Depo. Tr. Excerpts), # 3 Exhibit C (Gordon Rebuttal Report), # 4 Exhibit D (Parets Depo. Tr. Excerpts), # 5 Exhibit E (Bonner Depo. Tr. Excerpts), # 6 Exhibit F (Bonner CV), # 7 Exhibit G (Sentinel Report))(Wolfson, Adam)
January 3, 2014 Filing 886 SEALED Document: Direct Purchaser (Class) Plaintiffs' Opposition to Defendants' Motion to Exclude and/or Strike the Report and Testimony of Abba M. Krieger, PhD filed by Direct Purchaser Class. Related document(s) # 42 . (Attachments: # 1 Exhibit 1-3)(Wolfson, Adam)
January 3, 2014 Filing 885 SEALED Document: Direct Purchaser (Class) Plaintiffs' Opposition to Defendants' Motion to Exclude and/or Strike the Report and Testimony of Dr. Jeffrey J. Leitzinger filed by Direct Purchaser Class. Related document(s) # 42 . (Attachments: # 1 Exhibit A-E)(Wolfson, Adam)
January 3, 2014 Filing 884 SEALED Document: Exhibit T Ordover Declaration filed by Indirect Purchaser Class. Related document(s) # 42 , # 875 . (Attachments: # 1 U Leitziner Exhibit 20)(Miller, Marvin)
January 3, 2014 Filing 883 SEALED Document: Exhibit N Lazy Boy 2005 10-K filed by Indirect Purchaser Class. Related document(s) # 42 , # 875 . (Attachments: # 1 Exhibit O Lazy Boy 2007 10-K, # 2 Exhibit P Lazy Boy 2008 10-K, # 3 Exhibit Q Tempurpedic, # 4 Exhibit R Select Comfort 2005, # 5 Exhibit S Select Comfort 2006)(Miller, Marvin)
January 3, 2014 Filing 882 SEALED Document: Exhibit H Sealty 2004 10-K filed by Indirect Purchaser Class. Related document(s) # 42 , # 875 . (Attachments: # 1 Exhibit I Sealy 2006 10-K, # 2 Exhibit J Sealy 2008 10-K, # 3 Exhibit K Sealy 2010 10-K, # 4 Exhibit L Serta 4-5-11 Article, # 5 Exhibit M Serta 11-21-05 Article)(Miller, Marvin)
January 3, 2014 Filing 881 SEALED Document: Exhibit D Ordover Deposition filed by Indirect Purchaser Class. Related document(s) # 42 , # 875 . (Attachments: # 1 Exhibit Exhibit E Sharkey Dep, # 2 Exhibit Exhibit F Jernigan Dep, # 3 Exhibit Exhibit G Lockhart & Jackson Dep)(Miller, Marvin)
January 3, 2014 Filing 880 SEALED Document: Exhibit C - Russell Lamb Corrected Reply Declaration filed by Indirect Purchaser Class. Related document(s) # 42 , # 875 , # 846 . (Miller, Marvin)
January 3, 2014 Filing 879 SEALED Document: Russell Lamb Appendix C Parts 1-3 filed by Indirect Purchaser Class. Related document(s) # 42 , # 846 . (Attachments: # 1 Appendix Appendix C Part 2, # 2 Appendix Appendix C Part 3)(Miller, Marvin)
January 3, 2014 Filing 878 SEALED Document: Russell Lamb Declaration Appendices A & B filed by Indirect Purchaser Class. Related document(s) # 42 , # 846 . (Miller, Marvin)
January 3, 2014 Filing 877 SEALED Document: Russell Lamb Declaration Part 2 filed by Indirect Purchaser Class. Related document(s) # 42 , # 846 . (Miller, Marvin)
January 3, 2014 Filing 876 SEALED Document: Declaration of Russell Lamb Part 1 filed by Indirect Purchaser Class. Related document(s) # 42 , # 847 . (Miller, Marvin)
January 3, 2014 Filing 875 SEALED Document: IPP Memorandum in Opposition to Defendants' Motion to Exclude the Report and Testimony of Dr. Russell L. Lamb filed by Indirect Purchaser Class. Related document(s) # 42 . (Attachments: # 1 Exhibit Exhibit A)(Miller, Marvin)
January 3, 2014 Filing 874 Amended Notice to take Deposition of Select Comfort Corporation (30(b)(6)) on January 30, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 720 .(Lukitsch, Bethany)
January 3, 2014 Filing 873 Transcript of Telephone Conference held on 12/18/13 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [30 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/10/2014. Redaction Request due 1/24/2014. Redacted Transcript Deadline set for 2/3/2014. Release of Transcript Restriction set for 4/3/2014. Related document(s) # 859 , # 857 , # 855 , # 862 , # 858 , # 856 . (S,Tr)
January 2, 2014 Filing 872 Reply Brief in support of its # 828 Motion for leave to Amend Answer to Direct Purchaser Plaintiffs' Consolidated Amended Class Action Complaint filed by Mohawk Industries, Inc. (Dowell, Matthew) Modified on 1/3/2014 (S,R).
January 2, 2014 Filing 871 Amended Notice to take Deposition of Cap Carpet, Inc. 30(b)(6) on February 7, 2014 at 9:00 a.m. filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Warncke, Daniel)
January 2, 2014 Filing 870 Notice to take Deposition of Ultra Comfort Foam Company, Inc., 30(b)(6) on January 22, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
December 26, 2013 Filing 869 Amended Notice to take Deposition of All Woodbridge Defendants pursuant to Fed. R. Civ. P. 30(b)(6) on February 11, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Solh, Chahira)
December 24, 2013 Filing 868 Notice to take Deposition of Greg Beastrom on January 7, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Kop, Allison)
December 23, 2013 Filing 867 Notice to take Deposition of Park Place Corporation, 30(b)(6) on February 6, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
December 23, 2013 Filing 866 Notice to take Deposition of American Bedding Company, Inc., 30(b)(6) on January 28, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
December 23, 2013 Filing 865 Memorandum in Opposition to Mohawk Industries, Inc.'s # 828 Motion for leave to Amend Answer to Direct Purchaser Plaintiffs' Consolidated Amended Class Action Complaint filed by Direct Purchaser Class. (Aranoff, Ronald) Modified on 12/26/2013 (S,R).
December 20, 2013 Filing 864 Revised Order re: Class Certification Motions Hearing Format. Judge Jack Zouhary (MDL2196) on 12/20/2013. (D,L)
December 20, 2013 Opinion or Order Filing 863 Order. Record Status Phone Conference held on 12/18/2013 (Court Reporter: Tracy Spore). Motion to Reconsider Structure of the Hearing on Plaintiffs' Motions for Class Certification # 852 denied. Judge Jack Zouhary(MDL2196) on 12/20/2013. (1 hr) (Attachments: # 1 Roll Call)(D,L)
December 20, 2013 Filing 862 Non-Appeal Transcript Order Form for proceedings held on 12/18/13 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 1/2/14 filed by Indirect Purchaser Class. (Kerger, Richard)
December 20, 2013 Filing 861 Amended Notice to take Deposition of Jeffrey J. Leitzinger, Ph.D. on January 9, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Future Foam, Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
December 20, 2013 Filing 860 Notice to take Deposition of Jeffrey J. Leitzinger, Ph.D. on January 9, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
December 19, 2013 Filing 859 Non-Appeal Transcript Order Form for proceedings held on December 18, 2013 before Judge Jack Zouhary, Court Reporter: Tracy Spore. Requested completion date: 1/17/14 filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Kop, Allison)
December 19, 2013 Filing 858 Non-Appeal Transcript Order Form for proceedings held on December 18, 2013 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 1/2/2014 filed by FXI-Foamex Innovations, Inc.. (Coller, F.)
December 19, 2013 Filing 857 Non-Appeal Transcript Order Form for proceedings held on December 18, 2013 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: January 2, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. (Lukitsch, Bethany)
December 19, 2013 Filing 856 Non-Appeal Transcript Order Form for proceedings held on 12/18/2013 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 1/17/2014 filed by Vitafoam Products Canada Limited, Vitafoam, Inc.. (Gilmer, Robert)
December 19, 2013 Filing 855 Non-Appeal Transcript Order Form for proceedings held on 12/18/2013 before Judge Zouhary, Court Reporter: Spore. Requested completion date: 30 days filed by Leggett & Platt, Inc.. (Warncke, Daniel)
December 17, 2013 Filing 854 Response to # 852 Motion for reconsideration of the Structure of the Hearing on Plaintiffs' Motions for Class Certification filed by Direct Purchaser Class, Indirect Purchaser Class. (Miller, Marvin)
December 16, 2013 Filing 853 Defendants Amended Rule 30(b)(6) Deposition Notice To Plaintiff Kolcraft Enterprises, Inc. filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Blinn, Meghan)
December 14, 2013 Filing 852 Motion to reconsider the Structure of the Hearing on Plaintiffs' Motions for Class Certification filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 842 , # 783 , # 834 . (Attachments: # 1 Brief in Support)(Lukitsch, Bethany) Modified on 12/16/2013 (S,R).
December 13, 2013 Filing 851 SEALED Document: Memorandum in support of motion to strike and/or exclude the expert report and testimony of Dr. Matthew P. Gordon (Daubert motion) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 850 . (Attachments: # 1 Exhibit A (Excerpts from Gordon Deposition))(Lukitsch, Bethany)
December 13, 2013 Filing 850 Motion to to exclude or strike the expert report and testimony of Dr. Matthew P. Gordon (Daubert motion) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (Lukitsch, Bethany) Modified on 12/16/2013 (S,R).
December 13, 2013 Filing 849 SEALED Document: Memorandum in support of motion to strike and/or exclude the expert report and testimony of Dr. Jeffrey J. Leitzinger (Daubert motion) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 848 . (Attachments: # 1 Exhibit A (Excepts from Leitzinger Deposition))(Lukitsch, Bethany)
December 13, 2013 Filing 848 Motion to exclude and/or strike the expert report and testimony of Dr. Jeffrey J. Leitzinger (Daubert motion) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (Lukitsch, Bethany) Modified on 12/16/2013 (S,R).
December 13, 2013 Filing 847 SEALED Document: Memorandum in support of motion to strike and/or exclude the expert report and testimony of Dr. Russell L. Lamb (Daubert motion) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 846 . (Attachments: # 1 Exhibit A (Excerpts from Serta Deposition), # 2 Exhibit B (Excerpts from Bemco Deposition), # 3 Exhibit C (Excerpts from L&J Deposition), # 4 Exhibit D (Excerpts from Lamb Rebuttal Deposition))(Lukitsch, Bethany)
December 13, 2013 Filing 846 Motion to Exclude and/or strike the report and testimony of Dr. Russell L. Lamb (Daubert motion) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (Lukitsch, Bethany) Modified on 12/16/2013 (S,R).
December 13, 2013 Filing 845 SEALED Document: Memorandum in support of motion to strike and/or exclude rebuttal expert report and testimony of Abba M. Krieger, PhD (Daubert motion) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 844 . (Attachments: # 1 Exhibit A (Excerpts from Krieger Deposition))(Lukitsch, Bethany)
December 13, 2013 Filing 844 Motion to Exclude and/or Strike the rebuttal expert report and testimony of Abba M. Krieger, PhD (Daubert motion) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany) Modified on 12/16/2013 (S,R).
December 13, 2013 Filing 843 Notice to take Deposition of Plaintiff Somnus Mattress Corporation on January 21, 2014 filed by All Defendants. (Ryan, Peter) Modified on 12/13/2013 (L,A).
December 11, 2013 Opinion or Order Filing 842 ORDER re Class Certification Motions Hearing Format. Hearing set for 1/15/14. Court will propound Questions for the Parties by 1/8/14. See Order for hearing procedures. Parties to submit proposed agenda of miscellaneous housekeeping items by 1/6/14. Roll call for hearing due 1/13/14. Judge Jack Zouhary on 12/11/13. (S,Na)
December 11, 2013 Filing 841 Joint Proposed Stipulation filed by American Bedding Company Inc, Crest Foam Industries, Inc., Diamond Mattress Company, Inoac Corp., Inoac USA Inc., Ohio Decorative Products, Inc., Otto Bock Polyurethane Technologies, Inc., Park Place Corporation, Plastomer Corp., Rest Master Bedding Company. (Iwrey, Howard)
December 10, 2013 Filing 840 Amended Notice to take Deposition of Daniel Sceli on January 28, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Attachments: # 1 Exhibit A - Sceli Subpoena)(Solh, Chahira)
December 10, 2013 Filing 839 Notice to take Deposition of Robert Sager on January 24, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Solh, Chahira)
December 10, 2013 Filing 838 Notice to take Deposition of Abba M. Krieger, PhD (Direct Purchaser (Class) Plaintiffs' Rebuttal Expert) on December 12, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
December 10, 2013 Filing 837 Amended Notice to take Deposition of All Carpenter Defendants on December 18, 2013 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Blechman, William)
December 10, 2013 Filing 836 Amended Notice to take Deposition of FXI-Foamex Innovations, Inc. on February 6, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Blechman, William)
December 10, 2013 Filing 835 Notice to take Deposition of David Carson on January 22, 2014 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wolfson, Adam)
December 10, 2013 Filing 834 Transcript of Hearing held on November 5, 2013 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [85 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/17/2013. Redaction Request due 12/31/2013. Redacted Transcript Deadline set for 1/10/2014. Release of Transcript Restriction set for 3/10/2014. (N,A)
December 10, 2013 Filing 833 Amended Notice to take Deposition of La-Z-Boy Incorporated on December 11, 2013 (Second Amended Notice) filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Ryan, Peter)
December 9, 2013 Filing 832 Amended Notice to take Deposition of Henry Johs on December 12, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
December 9, 2013 Filing 831 Notice to take Deposition of Albany Foam & Supply, Inc. 30(b)(6) on January 24, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Warncke, Daniel)
December 6, 2013 Filing 830 Notice of Service of Subpoena to Nancy Swoboda filed by Direct Purchaser Class. (Attachments: # 1 Exhibit A - Subpoena)(Wolfson, Adam)
December 6, 2013 Filing 829 Notice of Service of Subpoena to David Charak filed by Direct Purchaser Class. (Attachments: # 1 Exhibit A - Subpoena)(Wolfson, Adam)
December 6, 2013 Filing 828 Motion for leave to Amend Answer to Direct Purchaser Plaintiffs' Consolidated Amended Class Action Complaint filed by Defendant Mohawk Industries, Inc. (Attachments: # 1 Brief in Support of Mohawk's Motion for Leave to Amend Answer to Direct Purchaser Plaintiffs' Consolidated Amended Class Action Complaint)(Dowell, Matthew) Modified on 12/9/2013 (S,R).
December 6, 2013 Filing 827 Entry of Appearance by Nicola T. Hanna filed on behalf of Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (Kop, Allison) Modified on 12/9/2013 (S,R).
December 5, 2013 Filing 826 Notice to take Deposition of General Motors LLC 30(b)(6) on January 31, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Kop, Allison)
December 4, 2013 Filing 825 Amended Notice to take Deposition of Catherine Wilkinson on February 4, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Kop, Allison)
December 3, 2013 Filing 824 Amended Notice to take Deposition of Flexible Foam Products, Inc. 30(b)(6) on December 12, 2013 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Wiechmann, Eric)
December 3, 2013 Filing 823 Conditional Transfer Order (CTO-18) Judicial Panel on Multidistrict Litigation transferring 1 case to the Northern District of Ohio. (S,J)
December 3, 2013 Filing 822 Stipulation & Order of Voluntary Dismissal of Plaintiff Marjean Coddon claims only, without prejudice pursuant to FRCP 41(a)(1)(i). re # 815 . Judge Jack Zouhary on 12/3/2013. (S,R) Modified on 12/3/2013 (S,R).
December 2, 2013 Opinion or Order Filing 821 Order granting # 728 Motion by Motion by Charles E. Tompkins, Thomas Shapiro, Rachel Brown, Patrick McLaughlin to withdraw as attorney for Medi-Pedic Bedding, dba Englander Southwest. Plaintiff Medi-Pedic Bedding's claims reflected in Case Nos. 3:12 PF 10012 and 3:12 PF 10022 are dismissed without prejudice. Judge Jack Zouhary (MDL2196) on 12/2/2013. (D,L)
December 2, 2013 Opinion or Order Filing 820 Order granting # 728 Motion by Charles E. Tompkins, Thomas Shapiro, Rachel Brown, Patrick McLaughlin to withdraw as attorney for Medi-Pedic Bedding, dba Englander Southwest. Case Nos. 3:12 PF 10012 and 3:12 PF 10022 are dismissed without prejudice. Judge Jack Zouhary on 12/2/2013.(D,L)
December 1, 2013 Filing 819 Amended Notice to take Deposition of National Bedding Company L.L.C. d/b/a Serta Mattress Company (30(b)(6)) on December 3, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 734 .(Lukitsch, Bethany)
November 26, 2013 Filing 818 Notice to take Deposition of Catherine Wilkinson on January 14, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Kop, Allison)
November 26, 2013 Filing 817 Notice to take Deposition of Seth Brown on December 13, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Blinn, Meghan)
November 25, 2013 Filing 816 Notice to take Deposition of Louis Carson on January 17, 2014 filed by Direct Purchaser Class. (Wolfson, Adam)
November 25, 2013 Filing 815 Proposed Stipulation of Voluntary Dismissal pursuant to FRCP 41(a)(1) filed by Marjean Coddon. (Miller, Marvin) Modified on 11/27/2013 (S,R).
November 22, 2013 Filing 814 Third Amended Order. See Order for details. Trial ready date shall be 10/1/2014. Judge Jack Zouhary (MDL2196) on 11/22/2013. (D,L)
November 21, 2013 Opinion or Order Filing 813 Order. This Court held a phone conference on 11/20/2013 regarding certain discovery disputes. Because the parties indicated events have developed such that GM's request for International Judicial Assistance # 716 ( # 37 in Case No. 12 PF 10027) would not be necessary, this Court denied GM's Request as moot. See Order for details regarding ESI dispute. If the parties are unable to reach agreement contact Court for resolution of impasse by 11/26/2013 at 12:00 PM. Judge Jack Zouhary (MDL2196) on 11/21/2013. (30 mins)(D,L)
November 20, 2013 Filing 812 Notice to take Deposition of Sealy Corporation (30(b)(6)) on December 12, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
November 20, 2013 Filing 811 Letter Rogatory to Al Zinn. (D,L)
November 20, 2013 Filing 810 Letter Rogatory to Doug Dolphin. (D,L)
November 20, 2013 Filing 809 Letter Rogatory to Anthony Dacosta. (D,L)
November 20, 2013 Filing 808 Letter Rogatory to Michael Calderoni. (D,L)
November 20, 2013 Opinion or Order Filing 807 Order granting # 803 Motion for issuance of Letters Rogatory to Michael Calderoni, Anthony Dacosta, Doug Dolphin, and Al Zinn. Judge Jack Zouhary (MDL2196) on 11/20/2013.(D,L)
November 19, 2013 Filing 806 Notice to take Deposition of Jackson Furniture Company of Virginia and Jackson Furniture Industries, Inc. on January 23, 2014 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (McGuire, Matthew)
November 19, 2013 Filing 805 Notice to take Deposition of White Cross Sleep Products d/b/a Englander Mid-Atlantic on January 7, 2014 filed by Foam Ex Innovations, Inc.. (Ryan, Peter)
November 19, 2013 Opinion or Order Filing 804 Order granting # 802 Motion for extension of Deadline to Answer Requests for Admission until 11/26/2013. Judge Jack Zouhary on 11/19/2013.(D,L)
November 18, 2013 Filing 803 Unopposed Motion for Issuance of Letters Rogatory filed by Plaintiff Direct Purchaser Class. (Attachments: # 1 Brief in Support, # 2 Exhibit 1 - Proposed Letter Rogatory to Michael Calderoni, # 3 Exhibit 2 - Proposed Letter Rogatory to Anthony Dacosta, # 4 Exhibit 3 - Proposed Letter Rogatory to Doug Dolphin, # 5 Exhibit 4 - Proposed Letter Rogatory to Al Zinn)(Wolfson, Adam)
November 18, 2013 Filing 802 Unopposed Motion for extension of Deadline to Answer Requests for Admission until November 26, 2013 filed by Vitafoam Products Canada Limited, Vitafoam, Inc. Related document(s) # 783 . (Attachments: # 1 Proposed Order Extending Vita Defendants' Time To Answer Requests for Admission, # 2 Certificate of Service)(Mullen, Wesley) Modified on 11/19/2013 (S,R).
November 18, 2013 Filing 801 Notice to take Deposition of Larry Scott on December 19, 2013 filed by Cambridge of California, Inc., Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
November 18, 2013 Filing 800 Notice to take Deposition of Russell L. Lamb, Ph.D. (Indirect Purchaser Class Plaintiffs' Expert) on November 20, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
November 15, 2013 Filing 799 Objection and Responses to Rule 30 (b) (6) Deposition Notice filed by The Bedding Group, Inc.. Related document(s) # 790 . (Liston, William)
November 13, 2013 Filing 798 Amended Notice to take Deposition of Jonathan Rizzo on December 17, 2013 filed by Cambridge of California, Inc., Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
November 12, 2013 Filing 797 Notice to take Deposition of Simmons Bedding Company (30(b)(6)) on December 17, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
November 12, 2013 Filing 796 Notice to take Deposition of Henry Johs on December 12, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
November 12, 2013 Filing 795 Notice to take Deposition of Advanced Sleep Concepts dba Englander Southeast (30(b)(6)) on December 17, 2013 filed by Carpenter Company, FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation. (Ryan, Peter)
November 12, 2013 Filing 794 Notice to take Deposition of Marjean Coddon on December 12, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
November 12, 2013 Filing 793 Notice of Attorney Name Change of Rachel K. Hehner to Rachel K. Steinhofer filed by Flexible Foam Products, Inc. (Hehner, Rachel) Modified on 11/13/2013 (S,R).
November 12, 2013 Filing 792 Objection to Defendants' FRCP 30(b)6 Deposition Notice filed by Winco Bedding USA, LLC. Related document(s) # 771 . (Gratz, Michael)
November 12, 2013 Filing 791 Objection to Defendants' FRCP 30(b)6 Deposition Notice filed by Corsicana Beddings, Inc.. Related document(s) # 770 . (Gratz, Michael)
November 12, 2013 Filing 790 Notice to take Deposition of The Bedding Group, Inc. (30(b)(6)) on November 25, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Blinn, Meghan)
November 12, 2013 Filing 789 Notice to take Deposition of Tempur-Pedic International, Inc. (30(b)(6)) on November 21, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
November 11, 2013 Filing 788 Objection to Defendants' Notice of Rule 30(B)(6) Deposition Topics filed by CAP Carpet, Inc.. Related document(s) # 772 . (Boulware, Brandon)
November 11, 2013 Filing 787 Objection to Defendants' Notice of Rule 30(B)(6) Deposition Topics filed by LaCrosse Furniture Company. Related document(s) # 736 . (Boulware, Brandon)
November 11, 2013 Filing 786 Amended Notice to take Deposition of Spring Air Mattress Corp. on November 14, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (McGuire, Matthew)
November 8, 2013 Filing 785 Expedited Non-Appeal Transcript Order Form for proceedings held on November 5, 2013 before Judge Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: November 15, 2013 filed by Mohawk Industries, Inc.. (Dowell, Matthew)
November 8, 2013 Filing 784 Expedited Non-Appeal Transcript Order Form for proceedings held on November 5, 2013 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: November 15, 2013 filed by FXI-Foamex Innovations, Inc.. (Coller, F.)
November 8, 2013 Opinion or Order Filing 783 Order. This Court held a record in-person status conference on 11/5/2013 (Court Reporter: Angela Nixon) and heard argument from counsel regarding several discovery disputes. See order and transcript for details. This Court will not alter the October 2014 trial date included in the Second Amended Scheduling Order. This Court scheduled a non-evidentiary hearing on the pending Motions for Class Certification # 577 and # 584 for 1/15/2014 at 9:30 AM (EST) in Courtroom 209 before Judge Jack Zouhary. Judge Jack Zouhary (MDL2196) on 11/8/2013. (2 hrs, 30 mins)(D,L)
November 8, 2013 Filing 782 Expedited Non-Appeal Transcript Order Form for proceedings held on November 5, 2013 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: November 15, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P.. (Lukitsch, Bethany)
November 6, 2013 Filing 781 Non-Appeal Transcript Order Form for proceedings held on 11/5/13 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 12/6/13 filed by Woodbridge Foam Corporation. (Kop, Allison)
November 6, 2013 Filing 780 Objection and Responses to 30(b)(6) notice filed by Florida Foam and Sales, Inc., L & J Products and Sales, Inc., NC Foam and Sales, Inc.. (Killian, M.)
November 6, 2013 Filing 779 Non-Appeal Transcript Order Form for proceedings held on 11/5/2013 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 12/7/2013 filed by Future Foam, Inc.. (Passarelli, John)
November 6, 2013 Filing 778 Non-Appeal Transcript Order Form for proceedings held on November 5, 2013 before Judge Zouhary, Court Reporter: Angela Nixon. filed by Vitafoam, Inc.. (Gilmer, Robert)
November 6, 2013 Filing 777 Non-Appeal Transcript Order Form for proceedings held on 11/05/2013 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 11/13/2013 filed by Susan Gomez. (Kerger, Richard)
November 6, 2013 Filing 776 Non-Appeal Transcript Order Form for proceedings held on November 5, 2013 before Judge Zouhary, Court Reporter: Angela Nixon. filed by Leggett & Platt, Inc.. (Warncke, Daniel)
November 6, 2013 Opinion or Order Filing 775 Order. Phone Conference held on 10/25/2013 to discuss the Joint Motion to Withdraw as Counsel for Direct Action Plaintiff Medi-Pedic Bedding, dba Englander Southwest # 728 . Englander Southwest has 21 days from the date of this Order to obtain substitute counsel. If within the same time period substitute counsel for Englander Southwest does not enter an appearance, the above-captioned cases will be dismissed without prejudice. Regardless of whether Englander Southwest obtains substitute counsel within the allotted time period, the Joint Motion to Withdraw # 728 will be granted 21 days from the date of this Order. Judge Jack Zouhary (MDL2196) on 11/6/2013. (D,L)
November 6, 2013 Filing 774 Amended Notice to take Deposition of Life Style Furniture Company, Inc. and Family Home Furnishings, LLC on November 12, 2013 at 9:00 a.m. local time filed by All Defendants. Related document(s) # 721 .(Millard, Kendall)
November 5, 2013 Filing 773 Attorney Appearance by Wesley M. Mullen filed by on behalf of British Vita Unlimited, Vitafoam Products Canada Limited, Vitafoam, Inc.(S,J)
November 4, 2013 Filing 772 Amended Notice to take Deposition of Plaintiff Cap Carpet, Inc. (30(b)(6)) on November 25, 2013 at 9:00 a.m. filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Warncke, Daniel)
November 4, 2013 Filing 771 Notice to take Deposition of Winco Bedding on December 3, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (McGuire, Matthew)
November 4, 2013 Filing 770 Notice to take Deposition of Corsicana Bedding on December 3, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (McGuire, Matthew)
November 4, 2013 Filing 769 Notice to take Deposition of Susan Gomez on November 14, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
November 4, 2013 Filing 768 Notice to take Deposition of Joseph Lord on November 13, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
November 1, 2013 Filing 767 Notice to take Deposition of Daniel Sceli on December 11, 2013 filed by Direct Action Plaintiff(s), Direct Purchaser Class, General Motors LLC, Indirect Purchaser Class. (Solh, Chahira)
November 1, 2013 Filing 766 Objection to Rule 30(b)(6) Notice filed by Factory Direct Inc. Related document(s) # 717 . (Rupert, Kurt)
October 31, 2013 Filing 765 Amended Notice to take Deposition of Jonathan Rizzo on November 22, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
October 31, 2013 Filing 764 Notice to take Deposition of Jeffrey Williams on November 22, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (Dowell, Matthew) Modified on 11/1/2013 (S,R).
October 31, 2013 Opinion or Order Filing 763 ORDER. In-Person Conference set for 11/5/13 at 2:00 PM in Courtroom 204 before Judge Jack Zouhary. Counsel shall provide Court with proposed Agenda and "roll call" by noon on 11/4/13. While all counsel are invited to attend the conference, we do not expect all counsel to actively participate in the Conference. This Court expects lead and liaison counsel to coordinate participation so that participation is both complete and effective. A dial-in number (888-453-4405; participant Code # 342294) is provided for those counsel who wish to listen to the discussion. Judge Jack Zouhary on 10/31/13. (S,Na)
October 31, 2013 Filing 762 Opposition to # 716 Motion for Issuance of Request for International Judicial Assistance filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Kop, Allison)
October 30, 2013 Filing 761 Stipulation & Order granting # 754 Proposed Stipulation for Extension of Time until 12/11/2013 to Answer or Otherwise Respond. Judge Jack Zouhary (MDL2196) on 10/30/2013. (D,L)
October 29, 2013 Filing 760 Amended Notice to take Deposition of Plaintiff Foamco Sales, Inc. on December 4, 2013 filed by Flexible Foam Products, Inc.. (Attachments: # 1 Exhibit Ex. A to Foamco Amended Deposition Notice)(Millard, Kendall)
October 29, 2013 Filing 759 Amended Notice to take Deposition of Plaintiff Houston Foam Fabricators, Inc. on December 3, 2013 filed by Flexible Foam Products, Inc.. (Attachments: # 1 Exhibit Exhibit A to Houston Foam Amended Deposition Notice)(Millard, Kendall)
October 29, 2013 Filing 758 Notice to take Deposition of Jeffrey Williams on December 6, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Dowell, Matthew)
October 29, 2013 Filing 757 Withdrawal of Anitra Goodman Royster filed by Hickory Springs Manufacturing Company. (McGuire, Matthew)
October 29, 2013 Filing 756 Responses and Objections to Defendants' FRCP 30(b)6 Deposition Notice filed by Irwin Seating Company. Related document(s) # 746 . (Gratz, Michael)
October 28, 2013 Filing 755 Amended Notice to take Deposition of Jeff Carter on November 14, 2013 filed by All Plaintiffs. (Wolfson, Adam)
October 25, 2013 Filing 754 Proposed Stipulation for Extension of Time to Answer or Otherwise Respond filed by American Bedding Company Inc, Crest Foam Industries, Inc., Diamond Mattress Company, Inoac Corp., Inoac USA Inc., Ohio Decorative Products, Inc., Otto Bock Polyurethane Technologies, Inc., Park Place Corporation, Plastomer Corp., Rest Master Bedding Company. (Duncan, Richard)
October 25, 2013 Filing 753 Notice to take Deposition of Grand Rapids Bedding Co. (30(b)(6)) on December 19, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Blinn, Meghan)
October 25, 2013 Filing 752 Amended SEALED Document: Expert Reply Declaration filed by Indirect Purchaser Class. Related document(s) # 42 , # 743 . (Attachments: # 1 Exhibit Appendix A, # 2 Exhibit Appendix B, # 3 Exhibit Appendix C, # 4 Exhibit Appendix D, # 5 Exhibit Appendix E, # 6 Exhibit Appendix F)(Miller, Marvin)
October 25, 2013 Filing 751 Amended Notice to take Deposition of H.M. Richards on November 14, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (McGuire, Matthew)
October 25, 2013 Filing 750 Amended Notice to take Deposition of Davis International Furniture, LLC on November 13, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Group. (McGuire, Matthew)
October 25, 2013 Filing 749 Notice to take Deposition of Bemco Sleep Products, Inc. on November 15, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (McGuire, Matthew)
October 25, 2013 Filing 748 Notice to take Deposition of Spring Air Mattress Corp. on November 14, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (McGuire, Matthew)
October 25, 2013 Filing 747 Amended Notice to take Deposition of La-Z-Boy Incorporated on December 10, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Ryan, Peter)
October 25, 2013 Filing 746 Notice to take Deposition of Irwin Seating Company (30(b)(6)) on December 18, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Blinn, Meghan)
October 24, 2013 Filing 745 Notice to take Deposition of Cap Carpet Inc. (30(b)(6)) on November 25, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Warncke, Daniel)
October 23, 2013 Filing 744 SEALED Document: Direct Purchaser (Class) Plaintiffs' Reply Memorandum in Further Support of Motion for Class Certification filed by Direct Purchaser Class. Related document(s) # 42 , # 584 # 577 . (Attachments: # 1 Exhibit 92, # 2 Exhibit 93, # 3 Exhibit 94, # 4 Exhibit 95, # 5 Exhibit 96-1, # 6 Exhibit 96-2, # 7 Exhibit 96-3, # 8 Exhibit 96-4, # 9 Exhibit 96-5, # 10 Exhibit 96-6, # 11 Exhibit 96-7, # 12 Exhibit 96-8, # 13 Exhibit 97, # 14 Exhibit 98, # 15 Exhibit 99, # 16 Exhibit 100, # 17 Exhibit 101, # 18 Exhibit 102, # 19 Exhibit 103, # 20 Exhibit 104, # 21 Exhibit 105, # 22 Exhibit 106, # 23 Exhibit 107, # 24 Exhibit 108, # 25 Exhibit 109-1, # 26 Exhibit 109-2, # 27 Exhibit 110-1, # 28 Exhibit 110-2, # 29 Exhibit 111, # 30 Exhibit 112, # 31 Exhibit 113, # 32 Exhibit 114, # 33 Exhibit 115, # 34 Exhibit 116, # 35 Exhibit 117, # 36 Exhibit 118, # 37 Exhibit 119, # 38 Exhibit 120, # 39 Exhibit 121, # 40 Exhibit 122, # 41 Exhibit 123, # 42 Exhibit 124, # 43 Exhibit 125, # 44 Exhibit 126, # 45 Exhibit 127, # 46 Exhibit 128, # 47 Exhibit 129, # 48 Exhibit 130, # 49 Exhibit 131, # 50 Exhibit 132, # 51 Exhibit 133, # 52 Exhibit 134-1, # 53 Exhibit 134-2, # 54 Exhibit 135-1, # 55 Exhibit 135-2)(Wolfson, Adam) Modified on 10/24/2013 (S,J).
October 23, 2013 Filing 743 SEALED Document: Expert Reply Declaration filed by Indirect Purchaser Class. Related document(s) # 42 , # 741 . (Attachments: # 1 Exhibit Appendix A, # 2 Exhibit Appendix B, # 3 Exhibit Appendix C, # 4 Exhibit Appendix D, # 5 Exhibit Appendix E, # 6 Exhibit Appendix F)(Miller, Marvin)
October 23, 2013 Filing 742 SEALED Document: Appendix to Reply in Support of IPP's Motion for Class Certification filed by Indirect Purchaser Class. Related document(s) # 42 , # 741 # 577 . (Miller, Marvin) Modified on 10/24/2013 (S,J).
October 23, 2013 Filing 741 SEALED Document: Reply Memorandum of Law In Support of Motion for Class Certification filed by Indirect Purchaser Class. Related document(s) # 42 , # 577 . (Miller, Marvin)
October 23, 2013 Filing 740 SEALED Document: Response To The Vita Defendants Amended Memorandum of Law in Opposition to IPP's Motion for Class Certification filed by Indirect Purchaser Class. Related document(s) # 42 , # 683 # 577 . (Miller, Marvin) Modified on 10/24/2013 (S,J).
October 23, 2013 Filing 739 Notice to take Deposition of Foamcraft, Inc. (30(b)(6)) on November 13, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Blinn, Meghan)
October 23, 2013 Filing 738 Notice to take Deposition of Johnson Sales Company, Inc. on November 15, 2013 filed by All Defendants. (Millard, Kendall)
October 23, 2013 Filing 737 Notice to take Deposition of L&J Products and Sales, Inc., Florida Foam and Sales, Inc., and NC Foam and Sales, Inc. on November 12, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (McGuire, Matthew)
October 23, 2013 Filing 736 Notice to take Deposition of LaCrosse Furniture Company (30(b)(6)) on November 22, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 23, 2013 Filing 735 Notice to take Deposition of Kolcraft Enterprises, Inc. (30(b)(6) on December 12, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Fabricating, Inc., Woodbridge Group, Woodbridge Sales & Engineering, Inc.. (Blinn, Meghan)
October 21, 2013 Filing 734 Notice to take Deposition of National Bedding Company L.L.C. d/b/a Serta Mattress Company (30(b)(6)) on December 3, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 18, 2013 Filing 733 Notice to take Deposition of Houston Foam Fabricators, Inc. (30(b)(6)) on November 5, 2013 filed by All Defendants. (Millard, Kendall)
October 18, 2013 Filing 732 Notice to take Deposition of Legends, Inc. on November 4, 2013 filed by All Defendants. (Millard, Kendall)
October 18, 2013 Filing 731 Notice to take Deposition of Prime Designs, Inc. (30(b)(6)) on November 1, 2013 filed by All Defendants. (Millard, Kendall)
October 18, 2013 Filing 730 Notice to take Deposition of Foamco Sales, Inc. (30(b)(6)) on October 31, 2013 filed by All Defendants. (Millard, Kendall)
October 18, 2013 Filing 729 Notice of Appearance of Samuel J. Randall filed on behalf of La-Z-Boy Incorporated, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc. (Blechman, William) Modified on 10/21/2013 (S,R).
October 18, 2013 Filing 728 Motion by Charles E. Tompkins, Thomas Shapiro, Rachel Brown, Patrick McLaughlin to withdraw as attorney filed on behalf of direct acion plaintiff Medi-Pedic Bedding Co., Inc. (Tompkins, Charles)
October 18, 2013 Filing 727 Notice to take Deposition of Furniture Brands International, Inc. (30(b)(6)) on November 13, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 17, 2013 Filing 726 Notice to take Deposition of Simple Designs Manufacturing, Inc. (30(b)(6)) on December 4, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 17, 2013 Filing 725 Notice to take Deposition of Tualatin Sleep Products, Inc. d/b/a Englander Northwest (30(b)(6)) on December 3, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 17, 2013 Filing 724 Notice to take Deposition of Illinois Sleep Products d/b/a Englander Midwest (30(b)(6)) on November 7, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 17, 2013 Filing 723 Notice to take Deposition of Davis International Furniture, LLC (30(b)(6)) on November 14, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 17, 2013 Filing 722 Notice to take Deposition of H.M. Richards, Inc. (30(b)(6)) on November 13, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 17, 2013 Filing 721 Notice to take Deposition of Life Style Furniture Company, Inc. (30(b)(6)) on November 12, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 16, 2013 Filing 720 Notice to take Deposition of Select Comfort Corporation (30(b)(6)) on December 5, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 16, 2013 Filing 719 Notice to take Deposition of La-Z-Boy Incorporated (30(b)(6)) on October 29, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 16, 2013 Filing 718 Notice to take Deposition of Fraenkel Company d/b/a Englander South Central (30(b)(6)) on November 19, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E. R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 16, 2013 Filing 717 Notice to take Deposition of Factory Direct, Inc. (30(b)(6)) on November 19, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 14, 2013 Filing 716 Motion for Issuance of Request for International Judicial Assistance filed by plaintiff General Motors LLC. (Attachments: # 1 Exhibit 1 - Proposed Request for International Judicial Assistance and certified English to Mandarin Chinese translation, # 2 Proposed Order Granting Plaintiff General Motors LLCs Motion for Issuance of Request for International Judicial Assistance)(Sasse, Daniel) Modified on 10/15/2013 (S,R).
October 11, 2013 Filing 715 Notice to take Deposition of Comfort Mattress Co., Inc. (30(b)(6)) on November 20, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 10, 2013 Filing 714 Notice to take Deposition of Belden Foam & Fiber, Inc. (30(b)(6)) on November 7, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 10, 2013 Filing 713 Notice to take Deposition of Tupelo Foam Sales, Inc. (30(b)(6)) on November 6, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 10, 2013 Filing 712 Notice to take Deposition of Mount Vernon Foam Sales, Inc. (30(b)(6)) on November 5, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 10, 2013 Filing 711 Notice to take Deposition of Golden Chair, Inc. (30(b)(6)) on November 4, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
October 4, 2013 Filing 710 Amended Notice to take Deposition of Bob Steelman on November 6, 2013 filed by All Plaintiffs. (Wolfson, Adam)
October 2, 2013 Filing 709 Amended Notice to take Deposition of Charles L. "Lewie" Moeller on November 22, 2013 filed by All Plaintiffs. (Wolfson, Adam)
October 2, 2013 Filing 708 Notice to take Deposition of Candace S. Moeller on November 15, 2013 filed by All Plaintiffs. (Wolfson, Adam)
October 2, 2013 Filing 707 Amended Notice to take Deposition of Dr. Michelle M. Burtis, Ph.D. on October 16, 2013 filed by All Plaintiffs. (Wolfson, Adam)
September 27, 2013 Filing 706 Notice to take Deposition of Alex Parets on October 18, 2013 filed by All Plaintiffs. (Wolfson, Adam)
September 27, 2013 Filing 705 Notice to take Deposition of Judge Robert C. Bonner on October 17, 2013 filed by All Plaintiffs. (Wolfson, Adam)
September 26, 2013 Filing 704 Marginal Entry Order granting Vitafoam Defendants' Motion to withdraw as Kate S. McMillan as attorney of record. (Related Doc # 703 ). Judge Jack Zouhary on 9/26/13.(S,R)
September 25, 2013 Filing 703 Motion by Kate S. McMillan to withdraw as attorney filed by Vitafoam Products Canada Limited, Vitafoam, Inc.. (Coleman, Timothy)
September 24, 2013 Filing 702 Amended Notice to take Deposition of Michael Faus on October 23, 2013 filed by All Plaintiffs. (Wolfson, Adam)
September 23, 2013 Filing 701 Transcript of Phone Conference held on September 9, 2013 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [45 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 9/30/2013. Redaction Request due 10/14/2013. Redacted Transcript Deadline set for 10/24/2013. Release of Transcript Restriction set for 12/23/2013. (N,A) (Main Document 701 replaced on 10/17/2013 because the original attached transcript had an incorrect proceeding date listed) NEF regenerated on 10/17/13 (M,TJ).
September 16, 2013 Filing 700 Third Amended Rule 30(b)(6) Deposition Notice of Jeffco Fibres, Inc. on October 9, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 558 , # 604 , # 648 .(Lukitsch, Bethany) Modified on 9/17/2013 (S,R).
September 16, 2013 Filing 699 Non-Appeal Transcript Order Form for proceedings held on 09/09/2013 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 09/20/2013 filed by Susan Gomez. (Kerger, Richard)
September 16, 2013 Opinion or Order Order [non-document] granting Advanced Urethane Tehchnologies, Inc.'s Motion to withdraw Matthew R. Williams as attorney of record. (Related Doc # 698 ). Judge Jack Zouhary on 9/16/13.(S,R)
September 12, 2013 Filing 698 Motion by Matthew R. Williams to withdraw as attorney filed by MDL Notice Only Advanced Urethane Technologies, Inc.. (Williams, Matthew)
September 12, 2013 Filing 697 Notice to take Deposition of Donald Phillips on November 21, 2013 filed by All Plaintiffs. (Wolfson, Adam)
September 12, 2013 Filing 696 Notice to take Deposition of John G. "Jack" Johnson, Jr. on October 16, 2013 filed by All Plaintiffs. (Wolfson, Adam)
September 12, 2013 Filing 695 Notice to take Deposition of Vincenzo Bonaddio on November 26, 2013 filed by All Plaintiffs. (Wolfson, Adam)
September 12, 2013 Filing 694 Amended Notice to take Deposition of Dr. Janusz A. Ordover, Ph.D. on October 10 and October 11, 2013 at 9:00 a.m. E.S.T. filed by All Plaintiffs. (Wolfson, Adam)
September 12, 2013 Filing 693 Notice to take Deposition of Dr. Michelle M. Burtis, Ph.D. on September 26, 2013 filed by All Plaintiffs. (Wolfson, Adam)
September 12, 2013 Filing 692 Conditional Transfer Order (CTO-17) by the Judicial Panel on Multidistrict Litigation transferring 2 District of South Carolina cases to the Northern District of Ohio. (S,R)
September 11, 2013 Filing 691 Non-Appeal Transcript Order Form for proceedings held on 9/9/13 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 30 days filed by Woodbridge Foam Corporation. (Kop, Allison)
September 11, 2013 Filing 690 Non-Appeal Transcript Order Form for proceedings held on 09/09/2013 before Judge Jack Zouhary, re Status Conference,,. Court Reporter: Angela Nixon. filed by Vitafoam, Inc.. (Gilmer, Robert)
September 11, 2013 Filing 689 Non-Appeal Transcript Order Form for proceedings held on 9/9/13 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 30 Days filed by Leggett & Platt, Inc.. (Warncke, Daniel)
September 10, 2013 Minutes of proceedings [non-document] before Judge Jack Zouhary. Record status phone conference held on 9/9/13. This Court reviewed and heard argument on a recent dispute, set forth in a joint letter dated 9/6/2013, as to the status of certain sealed documents. See transcript for details. This Court approved the unsealing of some records, but not all, allowing Plaintiffs to renew their rejected requests at a later date. Separately, no objections were raised to the pending motions to dismiss the settling Defendants. Finally, parties were encouraged to consider settlement discussions at an appropriate time either with or without Court assistance. (Court Reporter: Angela Nixon.) Time: 1 hour, 15 minutes. (D,L)
September 9, 2013 Filing 688 Notice to take Deposition of Dr. Janusz A. Ordover, Ph.D. on October 3 and October 4, 2013 at 8:00 a.m. filed by All Plaintiffs. (Wolfson, Adam)
September 6, 2013 Filing 687 SEALED Document: Defendants' Notice of Filing of Amended Exhibit filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 584 , # 682 . (Attachments: # 1 Exhibit 51 (Part B - Amended))(Lukitsch, Bethany)
September 4, 2013 Filing 686 SEALED Document: (Vita Defendants' Amended Memorandum of Law in Opposition to Indirect Purchaser Plaintiffs' Motion for Class Certification) filed by Vitafoam Products Canada Limited, Vitafoam, Inc.. Related document(s) # 42 , # 577 . (Attachments: # 1 Exhibit Redline)(Coleman, Timothy)
September 3, 2013 Filing 685 Entry of Appearance of Dhananjay S. Manthripragada filed on behalf of Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (Kop, Allison) Modified on 9/4/2013 (S,R).
September 3, 2013 Filing 684 Amended Notice to take Deposition of Doug Terrill on September 24, 2013 in Fort Wayne, Indiana filed by All Plaintiffs. (Wolfson, Adam)
August 29, 2013 Filing 683 SEALED Document: Vita Defendants' Memorandum of Law in Opposition to Indirect Purchaser Plaintiffs' Motion for Class Certification filed by Vitafoam Products Canada Limited, Vitafoam, Inc.. Related document(s) # 42 , # 577 . (Attachments: # 1 Exhibit Choe Declaration, # 2 Exhibit Maness Expert Report)(Coleman, Timothy)
August 29, 2013 Filing 682 SEALED Document: Defendants' Memorandum in Opposition to Direct Purchaser (Class) Plaintiffs' Motion for Class Certification filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 681 , # 679 , # 584 . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34, # 37 Exhibit 35, # 38 Exhibit 36, # 39 Exhibit 37, # 40 Exhibit 38, # 41 Exhibit 39, # 42 Exhibit 40, # 43 Exhibit 41, # 44 Exhibit 42, # 45 Exhibit 43, # 46 Exhibit 44, # 47 Exhibit 45, # 48 Exhibit 46, # 49 Exhibit 47, # 50 Exhibit 48, # 51 Exhibit 49, # 52 Exhibit 50, # 53 Exhibit 51 (Part A), # 54 Exhibit 51 (Part B), # 55 Exhibit 52)(Lukitsch, Bethany)
August 29, 2013 Filing 681 SEALED Document: Notice of Filing of Declaration of David Scott Wheeler in Support of Defendants' Memorandum in Opposition to Direct Purchaser (Class) Plaintiffs' Motion for Class Certification filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 584 , # 680 . (Attachments: # 1 Declaration of David Scott Wheeler, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Kop, Allison)
August 29, 2013 Filing 680 SEALED Document: Defendants' Memorandum in Opposition to Indirect Purchaser Plaintiffs' Motion for Class Certification filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 679 , # 577 . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Lukitsch, Bethany)
August 29, 2013 Filing 679 SEALED Document: Notice of Filing of Report of Michelle Burtis in Support of Defendants' Memorandum in Opposition to Direct Purchaser (Class) Plaintiffs' Motion for Class Certification filed by Leggett & Platt, Inc., Mohawk Industries, Inc.. Related document(s) # 42 , # 584 . (Attachments: # 1 Exhibit Report of Michelle Burtis, PhD.)(Warncke, Daniel)
August 29, 2013 Opinion or Order Filing 678 Order of Dismissal, with prejudice of Plaintiffs' Fraenkel Company, Illinois Sleep Products, Medi-Pedic Bedding Co., Inc., Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc., Advanced Sleep Products, Albany Foam & Supply Inc., Bemco Sleep Products, Inc., Grand Rapids Bedding Co., Feffco Fibres Inc., Kolcaraft Enterprises, Inc., Simple Designs Manufacturing, Inc., and Spring Air Mattress Corp. claims against the Vitafoam Defendants. Judge Jack Zouhary on 8/29/13. (related doc. no. # 672 ). (S,R)
August 28, 2013 Filing 677 Amended Notice to take Deposition of Robert Magee on October 10, 2013 (Second Amended Notice) filed by All Plaintiffs. (Wolfson, Adam)
August 28, 2013 Filing 676 Amended Notice to take Deposition of Frank Hurst on October 11, 2013 filed by All Plaintiffs. (Wolfson, Adam)
August 28, 2013 Filing 675 Amended Notice to take Deposition of Larry Dunn on October 3, 2013 filed by All Plaintiffs. (Wolfson, Adam)
August 28, 2013 Filing 674 Amended Notice to take Deposition of Bus Culotta on October 2, 2013 filed by All Plaintiffs. (Wolfson, Adam)
August 28, 2013 Filing 673 Responses and Objection filed by Scott Foam and Fabric, Inc. Related document(s) # 670 . (S,R)
August 26, 2013 Filing 672 Proposed Stipulation for Dismissal of claims against the Vitafoam Defendants with prejudice filed by Fraenkel Company, Illinois Sleep Products, Medi-Pedic Bedding Co., Sleep Inc., Tualatin Sleep Products, Inc., White Cross Sleep Products, Inc., Advanced Sleep Concepts, Albany Foam & Supply, Inc., Bemco Sleep Products, Inc., Grand Rapids Bedding Co., Jeffco Fibres, Inc., Kolcraft Enterprises, Inc., Simple Designs Manufacturing, Inc., Spring Air Mattress Corp. (Attachments: # 1 Exhibit Order of Dismissal)(Lynch, James) Modified on 8/27/2013 (S,R).
August 23, 2013 Filing 671 RULING on Objections During Henson and Wilson Depositions. Court's rulings are highlighted on attached summaries. See Ruling for some general observations to further assist counsel in upcoming depositions. Judge Jack Zouhary on 8/23/13. (Attachments: # 1 Ruling - David Henson, # 2 Ruling - Thomas Wilson)(S,Na)
August 22, 2013 Filing 670 Notice to take Deposition of Scott Foam and Fabric, Inc. (30(b)(6)) on August 29, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E. R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Ryan, Peter)
August 22, 2013 Filing 669 Notice to take Deposition of Thomas Scott, Jr. on August 29, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Ryan, Peter)
August 20, 2013 Filing 668 Amended Notice to take Deposition of Doug Terrill on September 24, 2013 filed by All Plaintiffs. (Wolfson, Adam)
August 15, 2013 Minutes of proceedings before Judge Jack Zouhary. Phone Conferences held on 8/14/13 during deposition of Class Plaintiff regarding the scope of permissible questioning (downstream discovery). (30 min) (S,Na)
August 14, 2013 Filing 667 Notice of Appearance by Melissa Felder filed on behalf of Ace Foam, Inc., Adams Foam Rubber Co., Cambridge of California, Inc., Floors USA, Inc., Foam Factory, Inc., GCW Carpet Wholesalers, VFP Acquisitions. (S,R)
August 13, 2013 Filing 666 Amended Notice to take Deposition of Russell L. Lamb, Ph.D. (Indirect Purchaser Class Plaintiffs' Expert) on August 20, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 621 .(Lukitsch, Bethany)
August 13, 2013 Filing 665 Stipulation & Order extending deadline for joint discovery submissions to 8/13/2013. re # 663 . Judge Jack Zouhary on 8/13/2013. (S,R)
August 12, 2013 Filing 664 Notice of Appearance of Kara F. Kennedy filed on behalf of Mohawk Industries, Inc. (Dowell, Matthew) Modified on 8/13/2013 (S,R).
August 12, 2013 Filing 663 Joint Proposed Stipulation and Order Extending Deadline for Joint Discovery Submissions filed by All Defendants. (Millard, Kendall)
August 8, 2013 Filing 662 Transcript of Telephone Conference held on 8/5/13 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [52 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 8/15/2013. Redaction Request due 8/29/2013. Redacted Transcript Deadline set for 9/9/2013. Release of Transcript Restriction set for 11/6/2013. Related document(s) # 659 , # 661 , # 658 , # 657 , # 650 . (S,Tr)
August 7, 2013 Filing 661 Non-Appeal Transcript Order Form for proceedings held on 08/05/2013 before Judge Jack Zouhary, re Status Conference,. Court Reporter: Tracy Spore. Requested completion date: 9/7/2013 filed by Vitafoam, Inc.. (Gilmer, Robert)
August 7, 2013 Filing 660 Responses and Objections to Defendants' Rule 30(b)(6) Deposition Notice to Plaintiff Driftwood Hospitality Management, LLC filed by Driftwood Hospitality Management. Related document(s) # 625 , # 639 . (Fanning, Lori)
August 7, 2013 Filing 659 Expedited Non-Appeal Transcript Order Form for proceedings held on 8/5/2013 before Judge Jack Zouhary, Court Reporter: Tracy Spore. Requested completion date: 8/14/2013 filed by FXI-Foamex Innovations, Inc.. (Coller, F.)
August 7, 2013 Filing 658 Non-Appeal Transcript Order Form for proceedings held on 08/05/2013 before Judge Jack Zouhary, Court Reporter: Tracy Spore. Requested completion date: 09/07/2013 filed by Future Foam, Inc.. (Passarelli, John)
August 7, 2013 Filing 657 Non-Appeal Transcript Order Form for proceedings held on 08/05/2013 before Judge Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 08/08/2013 filed by Susan Gomez. (Kerger, Richard)
August 7, 2013 Filing 656 Marginal Entry Order granting Motion to withdraw attorneys Shepard Goldfein and Elliot A. Silver as counsel for Defendants Domfoam International Inc. and Valle Foam (1995) Industries, Inc. (Related Doc # 655 ). Judge Jack Zouhary on 8/7/13.(S,R)
August 6, 2013 Filing 655 Motion by Shepard Goldfein and Elliot Silver of the firm Skadden, Arps, Slate, Meagher & Flom LLP to withdraw as attorney (s) for Defendants Domfoam International Inc. and Valle Foam(1995) Industries, Inc., filed by Domfoam International, Inc., Valle Foam Industries, Inc. (Silver, Elliot)
August 6, 2013 Filing 654 Attorney Appearance by James W. Ehrman filed by on behalf of Domfoam International, Inc., Valle Foam Industries, Inc.. (Ehrman, James)
August 6, 2013 Filing 653 Attorney Appearance by Mary K. Whitmer filed by on behalf of Domfoam International, Inc., Valle Foam Industries, Inc.. (Whitmer, Mary)
August 6, 2013 Filing 652 Attorney Appearance by M. Paul Killian filed by on behalf of Jackson Furniture Industries, Inc.. (Killian, M.)
August 6, 2013 Filing 651 Attorney Appearance by M. Paul Killian filed by on behalf of Jackson Furniture Company of Virginia. (Killian, M.)
August 6, 2013 Filing 650 Expedited Non-Appeal Transcript Order Form for proceedings held on 8/5/13 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 7 days filed by Woodbridge Foam Corporation. (Kop, Allison)
August 5, 2013 Minutes of proceedings [non-document] before Judge Jack Zouhary (MDL2196). This Court held a record phone status hearing on 8/5/2013 (Court Reporter: Tracy Spore.) The Court heard arguments regarding a discovery dispute. See transcript for details. The parties are to submit a joint deposition transcript(s) with objections within seven (7) days. Time: 1 hour, 15 minutes. (D,L)
August 5, 2013 Filing 649 Notice of Service of Direct Purchaser Plaintiffs' (Class) Notice of Service of Third-party Subpoena to Produce Documents filed by Direct Purchaser Class. (Attachments: # 1 Exhibit 1-Advanced Foam Subpoena, # 2 Exhibit 2- David Charak Subpoena, # 3 Exhibit 3-Duane Renfro Subpoena, # 4 Exhibit 4- Federal International Subpoena, # 5 Exhibit 5- Nancy Swoboda Subpoena)(Eisler, Robert)
August 5, 2013 Filing 648 Amended Notice to take Deposition of Jeffco Fibres, Inc. (30(b)(6)) on September 19, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 558 , # 604 .(Lukitsch, Bethany)
August 4, 2013 Filing 647 Amended Notice to take Deposition of Bob Bisiorek on September 5, 2013 filed by All Plaintiffs. (Wolfson, Adam)
August 4, 2013 Filing 646 Amended Notice to take Deposition of Martin Mazza on September 4, 2013 filed by All Plaintiffs. (Wolfson, Adam)
August 4, 2013 Filing 645 Notice to take Deposition of David Flora on August 23, 2013 filed by All Plaintiffs. (Wolfson, Adam)
August 2, 2013 Filing 644 Notice to take Deposition of John Howard (Domfoam) on August 21, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
August 2, 2013 Filing 643 Notice to take Deposition of Tony Vallecoccia (Domfoam/Valle Foam) on August 20, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
August 2, 2013 Filing 642 Amended Notice to take Deposition of Felipe Alcazar (Foam Factory, Inc.) on August 8, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 573 , # 614 .(Lukitsch, Bethany)
August 1, 2013 Filing 641 Amended Notice to take Deposition of Spring Air International LLC (30(b)(6)) on August 21, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 591 , # 557 .(Lukitsch, Bethany)
August 1, 2013 Filing 640 Transcript of Phone Conference held on June 25, 2013 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [24 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 8/8/2013. Redaction Request due 8/22/2013. Redacted Transcript Deadline set for 9/2/2013. Release of Transcript Restriction set for 10/30/2013. (N,A)
August 1, 2013 Filing 639 Amended Notice to take Deposition of Driftwood Hospitality Management, LLC (30(b)(6)) on August 9, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 625 .(Lukitsch, Bethany)
July 29, 2013 Filing 638 Notice to take Deposition of Barry (Bill) J. Lucas on August 13, 2013 filed by Direct Action Plaintiff(s), Indirect Purchaser Class. (Solh, Chahira)
July 26, 2013 Filing 637 Notice to take Deposition of Eric Drye on August 22, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 26, 2013 Filing 636 Notice to take Deposition of Don Simpson on August 29, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 26, 2013 Filing 635 Notice to take Deposition of Bob Steelman on September 11, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 26, 2013 Filing 634 Notice to take Deposition of Frank Hurst on September 17, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 26, 2013 Filing 633 Notice to take Deposition of Jim Hacker on September 24, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 26, 2013 Filing 632 Notice to take Deposition of Michael Faus on September 12, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 26, 2013 Filing 631 Notice to take Deposition of Doug Terrill on August 22, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 26, 2013 Filing 630 Cross Notice to take Deposition of Charles L. Moeller on August 16, 2013 filed by Advanced Urethane Technologies, Inc., Carpenter Company, Carpenter Holdings, Inc., E. R. Carpenter, L.P., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: # 1 Exhibit Subpoena)(Millard, Kendall)
July 23, 2013 Filing 629 Notice to take Deposition of David Cutler on August 27, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 23, 2013 Filing 628 Notice to take Deposition of Jeff Carter on August 29, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 23, 2013 Filing 627 Amended Notice to take Deposition of Clyde Scott on September 11, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 23, 2013 Filing 626 Amended Notice to take Deposition of Matthew P. Gordon, Ph.D. (Direct Purchaser (Class) Plaintiffs' Expert) on July 31, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 620 .(Lukitsch, Bethany)
July 22, 2013 Filing 625 Notice to take Deposition of Driftwood Hospitality Management, LLC (30(b)(6)) on August 2, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
July 22, 2013 Filing 624 Notice to take Deposition of Indirect Purchaser Plaintiff Kirsten Luenz on August 15, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
July 22, 2013 Filing 623 Amended Notice to take Deposition of Lewie Moeller on August 16, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 17, 2013 Filing 622 Conditional Transfer Order (CTO-16) by Judicial Panel on Multidistrict Litigation transferring 2 cases to the Northern District of Ohio. (S,J)
July 16, 2013 Filing 621 Notice to take Deposition of Russell L. Lamb, Ph.D. (Indirect Purchaser Class Plaintiffs' Expert) on July 30, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
July 16, 2013 Filing 620 Notice to take Deposition of Matthew P. Gordon, Ph.D. (Direct Purchaser (Class) Plaintiffs' Expert) on July 26, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
July 16, 2013 Filing 619 Notice to take Deposition of Jeffrey J. Leitzinger, Ph.D. (Direct Purchaser (Class) Plaintiffs' Expert) on July 24, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
July 16, 2013 Filing 618 Notice to take Deposition of Dean Brayiannis (Domfoam/Valle Foam) on August 15, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
July 16, 2013 Filing 617 Notice to take Deposition of Hirsch Simon (GCW Carpet Wholesalers, Inc. t/a Floors USA) on August 14, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
July 15, 2013 Filing 616 Amended Notice to take Deposition of Alex M. Gelbard (VFP Acquisitions d/b/a Vanguard Foam and Packaging Company) on August 9, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 575 .(Lukitsch, Bethany)
July 15, 2013 Filing 615 Amended Notice to take Deposition of Ben Nielsen (Cambridge of California, Inc.) on August 22, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 574 .(Lukitsch, Bethany)
July 15, 2013 Filing 614 Amended Notice to take Deposition of Felipe Alcazar (Foam Factory, Inc.) on August 8, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E. R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 573 .(Lukitsch, Bethany)
July 15, 2013 Filing 613 Amended Notice to take Deposition of Adams Foam Rubber Co. (30(b)(6)) on August 14, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 569 .(Lukitsch, Bethany)
July 15, 2013 Filing 612 Responses and Objection to Defendants' Notice of Deposition Pursuant to Fed.R.Civ.P.30(b)(6) filed by Professional Foam Fabriators, Inc. Related document(s) # 599 . (Liston, William) Modified on 7/16/2013 (S,R).
July 12, 2013 Filing 611 Notice to take Deposition of Martin Mazza on August 16, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 12, 2013 Filing 610 Notice to take Deposition of Larry Dunn on August 22, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 12, 2013 Filing 609 Notice to take Deposition of Buster Culotta on August 21, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 12, 2013 Filing 608 Notice to take Deposition of Bob Bisiorek on August 15, 2013 filed by All Plaintiffs. (Wolfson, Adam)
July 12, 2013 Filing 607 Plaintiff Adams Foam Responses and Objections to Defendants' Notice of Deposition of Plaintiff Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Adams Foam Rubber Co.. Related document(s) # 569 . (Eisler, Robert)
July 9, 2013 Filing 606 Notice of Service of Third Party Subpoenas to Produce Documents filed by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Blechman, William) Modified on 7/10/2013 (S,R).
July 8, 2013 Filing 605 Non-Appeal Transcript Order Form for proceedings held on 6/25/2013 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 30 Days filed by Leggett & Platt, Inc.. (Warncke, Daniel)
July 2, 2013 Filing 604 Amended Notice to take Deposition of Jeffco Fibres, Inc. (30(b)(6)) on August 1, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 558 .(Lukitsch, Bethany)
June 28, 2013 Filing 603 Responses and Objections to Defendants' Notice of Deposition of Plaintiff Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by J&S Packaging, Inc.. Related document(s) # 589 . (Eisler, Robert)
June 28, 2013 Filing 602 Entry of Appearance by Stephen A. Brandon filed by on behalf of Direct Action Plaintiff(s). (S,R)
June 25, 2013 Opinion or Order Filing 601 ORDER. Record Phone Conference held on 6/25/13 (Court Reporter: Angela Nixon) re scheduling of depositions. Court encouraged parties to move forward expeditiously with scheduling of additional depositions requested by Plaintiffs in the latter part of July and August. Plaintiffs will timely provide Defendants with needed assistance to prepare for expert depositions. See record hearing transcript for details. In-person conference scheduled for 8/5/13 at 2:00 PM (EDT) will now be a phone conference. Counsel will provide Court with a call-in number and agenda. Counsel to contact Court if their respective clients would like assistance with settlement discussions. (45 min) Judge Jack Zouhary on 6/25/13. (S,Na)
June 24, 2013 Filing 600 Responses and Objection to Defendants' Rule 30(b)(6) Deposition Notice to Plaintiff The Parker Company LLC filed by Indirect Purchasers. Related document(s) # 592 . (Fanning, Lori) Modified on 6/25/2013 (S,R).
June 24, 2013 Filing 599 Notice to take Deposition of Professional Foam Fabricators, Inc. (30(b)(6)) on July 24, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
June 21, 2013 Opinion or Order Filing 598 Order Approving Direct Purchaser (Class) Plaintiffs' Motion for attorney fees and expenses. (Related Doc # 539 ). Judge Jack Zouhary on 6/21/13.(S,R)
June 20, 2013 Opinion or Order Filing 597 Order granting # 538 Final Approval of Voluntary Dismissal and Settlement with Defendant Domfoam and Others. Judge Jack Zouhary (MDL2196) on 6/20/2013. (Attachments: # 1 Exhibit A)(D,L)
June 20, 2013 Filing 596 Notice to take Deposition of Greg Vetrano (Comfort Mattress Co., Inc.) on August 1, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
June 20, 2013 Filing 595 Notice to take Deposition of Thomas N. Wilson (Ace Foam, Inc.) on July 1, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
June 20, 2013 Filing 594 SEALED Document: Corrected Gordon Exhibit filed by Direct Purchaser Class. Related document(s) # 42 , # 584 . (Willett, Melissa)
June 19, 2013 Filing 593 Notice to take Deposition of Ric Freeman (Sealy Corporation) on July 17, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
June 18, 2013 Filing 592 Notice to take Deposition of The Parker Company, LLC (30(b)(6)) on June 26, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
June 18, 2013 Filing 591 Amended Notice to take Deposition of Spring Air International LLC (30(b)(6)) on August 2, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 557 .(Lukitsch, Bethany)
June 18, 2013 Filing 590 SEALED Document: Addendum to Declaration of Russell Lamb filed by Indirect Purchaser Class. Related document(s) # 42 , # 582 , # 581 . (Miller, Marvin)
June 17, 2013 Filing 589 Amended Notice to take Deposition of J&S Packaging, Inc. (30(b)(6)) on July 2, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 568 .(Lukitsch, Bethany)
June 13, 2013 Filing 588 Amended Notice to take Deposition of Clyde Scott on July 31, 2013 filed by All Plaintiffs. (Wolfson, Adam)
June 12, 2013 Filing 587 Notice to take Deposition of Charles L. Moeller on July 24, 2013 filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Avery, Vanessa)
June 12, 2013 Filing 586 Notice to take Deposition of David Henson (Henson Sleep Relief, Inc.) on July 23, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
June 12, 2013 Filing 585 Notice of Service of Certificate of Service filed by Indirect Purchaser Class. Related document(s) # 582 , # 580 , # 583 , # 581 , # 579 , # 578 , # 577 .(Miller, Marvin)
June 11, 2013 Filing 584 Sealed Motion for class certification filed by Direct Class. Related document(s) # 42 . (Attachments: # 1 Brief in Support, # 2 Exhibit 1 - 5, # 3 Exhibit 6, # 4 Exhibit 7 - 10, # 5 Exhibit 11 - 40, # 6 Exhibit 41 - 52, # 7 Exhibit 53 - 60, # 8 Exhibit 61 - 91 End, # 9 Exhibit B - C, # 10 Exhibit D - G, # 11 Exhibit H, # 12 Exhibit H (Cont), # 13 Exhibit J, # 14 Exhibit L, # 15 Exhibit M - Y End)(Willett, Melissa) Modified on 6/12/2013 (L,V). Modified on 6/20/2013 (S,R).
June 11, 2013 Filing 583 SEALED Document: Appendix to Declaration of Russell Lamb filed by Indirect Purchaser Class. Related document(s) # 42 , # 581 , # 582 . (Attachments: # 1 Appendix A & B, # 2 Appendix C Part 1, # 3 Appendix C Part 2, # 4 Appendix C Part 3)(Miller, Marvin) Modified on 6/20/2013 (S,R).
June 11, 2013 Filing 582 SEALED Document: Declaration of Russell Lamb Part 2 filed by Indirect Purchaser Class. Related document(s) # 42 , # 581 . (Miller, Marvin)
June 11, 2013 Filing 581 SEALED Document: Declaration of Russell Lamb Part 1 filed by Indirect Purchaser Class. Related document(s) # 42 , # 578 . (Miller, Marvin)
June 11, 2013 Filing 580 SEALED Document: Appendix Part 2 filed by Indirect Purchaser Class. Related document(s) # 42 , # 579 . (Attachments: # 1 Exhibit 33, # 2 Exhibit 34, # 3 Exhibit 35 Part 1, # 4 Exhibit 35 Part 2, # 5 Exhibit 35 Part 3, # 6 Exhibit 36, # 7 Exhibit 37, # 8 Exhibit 38, # 9 Exhibit 39, # 10 Exhibit 40, # 11 Exhibit 41, # 12 Exhibit 42, # 13 Exhibit 43, # 14 Exhibit 44, # 15 Exhibit 45, # 16 Exhibit 46, # 17 Exhibit 47, # 18 Exhibit 48, # 19 Exhibit 49, # 20 Exhibit 50, # 21 Exhibit 51, # 22 Exhibit 52, # 23 Exhibit 53, # 24 Exhibit 54, # 25 Exhibit 55, # 26 Exhibit 56, # 27 Exhibit 57, # 28 Exhibit 58, # 29 Exhibit 59, # 30 Exhibit 60, # 31 Exhibit 61, # 32 Exhibit 62, # 33 Exhibit 63, # 34 Exhibit 64, # 35 Exhibit 65)(Miller, Marvin) Modified on 6/19/2013 (S,R).
June 11, 2013 Filing 579 SEALED Document: Appendix Part 1 filed by Indirect Purchaser Class. Related document(s) # 42 , # 578 . (Attachments: # 1 Exhibit A-C, # 2 Exhibit 1, # 3 Exhibit 2 Part 1, # 4 Exhibit 2 Part 2, # 5 Exhibit 2 Part 3, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 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)(Miller, Marvin) Modified on 6/19/2013 (S,R).
June 11, 2013 Filing 578 SEALED Document: Memorandum of Law in Support of Indirect Purchaser Plaintiffs' Motion for Class Certification filed by Indirect Purchaser Class. Related document(s) # 42 , # 577 . (Miller, Marvin)
June 11, 2013 Filing 577 Motion for class certification filed by Plaintiff Indirect Purchasers. (Miller, Marvin)
June 11, 2013 Filing 576 Notice to take Deposition of Mark Coombs (Corinthian, Inc.) on July 25, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
June 11, 2013 Filing 575 Notice to take Deposition of Alex M. Gelbard (VFP Acquisitions d/b/a Vanguard Foam and Packaging Company) on July 19, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
June 11, 2013 Filing 574 Notice to take Deposition of Ben Nielsen (Cambridge of California, Inc.) on July 18, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
June 11, 2013 Filing 573 Notice to take Deposition of Felipe Alcazar (Foam Factory, Inc.) on July 16, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
June 11, 2013 Filing 572 Notice to take Deposition of Indirect Purchaser Plaintiff Kathleen Nolan on June 21, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
June 11, 2013 Filing 571 Notice to take Deposition of Indirect Purchaser Plaintiff Kory Pentland on June 19, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
June 7, 2013 Opinion or Order Filing 570 ORDER. Status Phone Conference held on 6/6/13 re Stipulation and Proposed Order Setting Page Limits for Class Certification Briefing # 565 . Direct Purchaser and Indirect Purchaser Plaintiffs shall have a total of 80 pages (combined) for their respective motions for class certification. Defendants shall have a total of 80 pages (combined) for their opposition to both motions. Direct Purchaser and Indirect Purchaser Plaintiffs shall have a total of 30 pages (combined) for their reply. See Order for revised deadlines; all other dates remain the same as set forth in the Second Amended Scheduling Order # 417 . (30 min) Judge Jack Zouhary (MDL2196) on 6/7/13. (S,Na)
June 6, 2013 Filing 569 Notice to take Deposition of Adams Foam Rubber Co. (30(b)(6)) on July 11, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
June 6, 2013 Filing 568 Notice to take Deposition of J&S Packaging, Inc. (30(b)(6)) on July 2, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
June 5, 2013 Filing 567 Amended Notice to take Deposition of Jack Lens on July 18, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
June 5, 2013 Filing 566 Amended Notice to take Deposition of Robert Magee on July 18, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
May 31, 2013 Filing 565 Proposed Stipulation and [Proposed] Order Setting Page Limits for Class Certification Briefing filed by Direct Purchaser Class. (Wolfson, Adam)
May 29, 2013 Filing 564 Conditional Transfer Order (CTO-15) by the Judicial Panel on Multidistrict Litigation transferring Northern District of Mississippi case 1:13-87 (United Furniture Industries, Inc. et al v Hickory Springs Manufacturing Company et al) to the Northern District of Ohio. (S,R)
May 24, 2013 Filing 563 Cross Notice to take Deposition of Spring Air International LLC on June 19, 2013 filed by British Vita Unlimited, Vitafoam Products Canada Limited, Vitafoam, Inc.. (Coleman, Timothy)
May 24, 2013 Filing 562 Cross Notice to take Deposition of Jeffco Fibres, Inc. on June 20, 2013 filed by British Vita Unlimited, Vitafoam Products Canada Limited, Vitafoam, Inc.. (Coleman, Timothy)
May 22, 2013 Filing 561 SEALED Document: Notice of Supplement to Direct Purchaser (Class) Plaintiffs' Motion for an Award of Attorneys' Fees and for Reimbursement of Expenses filed by Direct Purchaser Class. Related document(s) # 539 . (Attachments: # 1 Exhibit A (Cumulative Lodestar by Category), # 2 Exhibit B (Cumulative Lodestar by Attorney and Category), # 3 Exhibit C (Monthly Lodestar by Attorney and Category), # 4 Exhibit D (Monthly Lodestar by Firm), # 5 Exhibit E (Monthly Lodestar by Attorney), # 6 Exhibit F (Declaration of Gerard Hanshe))(Wolfson, Adam)
May 22, 2013 Opinion or Order Filing 560 ORDER. All counsel agree they "have no issues or disputes requiring a conference" at this time and, therefore, the 5/23/13 Telephone Conference is vacated. The next Telephone Conference is set for 6/25/13 at 10:00 AM EDT. Judge Jack Zouhary (MDL2196) on 5/22/13. (S,Na)
May 21, 2013 Filing 559 Plaintiffs' Notice of Subpoena for Documents to Clyde Scott filed by Direct Purchaser Class. (Attachments: # 1 Exhibit A)(Eisler, Robert)
May 20, 2013 Filing 558 Notice to take Deposition of Jeffco Fibres, Inc. (30(b)(6)) on June 20, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
May 20, 2013 Filing 557 Notice to take Deposition of Spring Air International LLC (30(b)(6)) on June 19, 2013 filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
May 17, 2013 Filing 556 Transcript of Hearing on Final Approval of Settlement held on 5/7/13 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [63 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/24/2013. Redaction Request due 6/7/2013. Redacted Transcript Deadline set for 6/17/2013. Release of Transcript Restriction set for 8/15/2013. Related document(s) # 551 , # 552 , # 554 , # 547 , # 550 , # 549 . (S,Tr)
May 17, 2013 Filing 555 Amended Notice to take Deposition of Alvaro Vaselli on June 13, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
May 10, 2013 Filing 554 Non-Appeal Transcript Order Form re Motion Hearing, Terminate Deadlines and Hearings. filed by Vitafoam, Inc.. (Gilmer, Robert)
May 10, 2013 Filing 553 Amended Notice to take Deposition of Jack Lens on June 5, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
May 9, 2013 Filing 552 Expedited Non-Appeal Transcript Order Form for proceedings held on 0/5/07/2013 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 05/23/2013 filed by Woodbridge Foam Corporation. (Kop, Allison)
May 9, 2013 Filing 551 Expedited Non-Appeal Transcript Order Form for proceedings held on 05/07/2013 before Judge Judge Jack Zouhary, Court Reporter: Tracy Spore. Requested completion date: 05/23/2013 filed by FXI-Foamex Innovations, Inc.. (Coller, F.)
May 8, 2013 Filing 550 Expedited Non-Appeal Transcript Order Form for proceedings held on 05/07/2013 before Judge Judge Jack Zouhary, re Motion Hearing, Terminate Deadlines and Hearings. Court Reporter: Tracy Spore. Requested completion date: 05/22/2013 filed by Future Foam, Inc.. (Passarelli, John)
May 8, 2013 Filing 549 14-Day Transcript Non-Appeal Transcript Order Form for proceedings held on 5/7/2013 before Judge Hon. Jack Zouhary, re Motion Hearing, Terminate Deadlines and Hearings. Court Reporter: Tracy Spore. Requested completion date: 5/22/2013 filed by Direct Purchaser Class. (Wolfson, Adam)
May 8, 2013 Filing 548 Notice of Service of Subpoena filed by Indirect Purchasers. (Miller, Marvin)
May 8, 2013 Filing 547 Non-Appeal Transcript Order Form for proceedings held on 05/07/2013 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 05/22/2013 filed by Susan Gomez. (Kerger, Richard)
May 7, 2013 Filing 546 Notice of Withdrawal of Notice of Deposition filed by Direct Purchaser Class. (Wolfson, Adam)
May 7, 2013 Minutes of proceedings [non-document] before Judge Jack Zouhary (MDL2196). Fairness Hearing held on pending Motions. Order to follow. Court Reporter: Tracy Spore. (2 hrs) (S,Na)
May 6, 2013 Filing 545 Notice of Non-Settling Defendants' Objection to Direct Purchaser (Class) Plaintiffs' Motion for Final Approval of Settlement with Defendant Vitafoam and for Final Approval of Voluntary Dismissal and Settlement with Defendant Domfoam and Others filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 470 , # 538 , # 457 .(Lukitsch, Bethany)
May 6, 2013 Filing 544 Notice of Appearance by Rachel K. Hehner filed on behalf of Flexible Foam Products, Inc. (S,R)
April 29, 2013 Filing 543 Notice of Service of Subpoena filed by Indirect Purchaser Class. (Miller, Marvin)
April 26, 2013 Filing 542 Conditional Transfer Order (CTO-14) by the Judicial Panel on Multidistrict Litigation transferring the 2 listed cases to the Northern District of Ohio. (S,R)
April 25, 2013 Filing 541 Notice of Service of Subpoena filed by Indirect Purchaser Class. (Miller, Marvin)
April 23, 2013 Filing 540 Notice of Appearance for M. Stephen Dampier filed on behalf of Ace Foam, Inc. (Dampier, M.)
April 22, 2013 Filing 539 Motion for an Award of Attorneys' Fees and for Reimbursement of expenses and filed by Direct Purchaser Class Plaintiffs. (Attachments: # 1 Brief in Support, # 2 Affidavit of Stephen R. Neuwirth, # 3 Exhibit A to Declaration of Stephen R. Neuwirth, # 4 Exhibit B to Declaration of Stephen R. Neuwirth, # 5 Exhibit C to Declaration of Stephen R. Neuwirth, # 6 Exhibit D to Declaration of Stephen R. Neuwirth, # 7 Proposed Order)Related document(s) # 457 .(Wolfson, Adam) Modified on 4/23/2013 (S,R).
April 22, 2013 Filing 538 SEALED Motion for Final Approval of Settlement with defendant Vitafoam and for Final Approval of Voluntary Dismissal and Settlement with Defendant Domfoam and others filed by Direct Purchaser Class Plaintiffs. Related document(s) # 42 , # 457 . (Attachments: # 1 Brief in Support, # 2 Exhibit 1-25, # 3 Exhibit 26-50, # 4 Exhibit 51-74, # 5 Exhibit 75-100, # 6 Exhibit 101-110, # 7 Proposed Order)(Wolfson, Adam) Modified on 4/23/2013 (S,R).
April 17, 2013 Filing 537 Amended Notice to take Deposition of Joe York on June 11, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
April 16, 2013 Filing 536 Notice to take Deposition of Alvaro Vaselli on May 24, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
April 16, 2013 Filing 535 Notice to take Deposition of Gary Delmatto on May 22, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
April 16, 2013 Filing 534 Notice to take Deposition of Fred Rullo on May 14, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
April 5, 2013 Filing 533 Address Change Notice by Lee Albert filed by on behalf of Direct Purchaser Class. (Albert, Lee)
April 4, 2013 Filing 532 Notice of Appearance Jeanne M. Janchar filed on behalf of Leggett & Platt, Inc. (Warncke, Daniel) Modified on 4/4/2013 (S,R).
April 3, 2013 Filing 531 Notice of Appearance Chad R. Ziepfel and Peter J. O'Shea filed on behalf of Leggett & Platt, Inc. (Warncke, Daniel) Modified on 4/4/2013 (S,R).
April 2, 2013 Filing 530 Notice to take Deposition of Robert Magee on May 17, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
April 2, 2013 Filing 529 Notice to take Deposition of Dominic Sinopoli on April 18, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
April 2, 2013 Filing 528 Notice to take Deposition of Agostino Pasquarelli on April 17, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
April 2, 2013 Opinion or Order Filing 527 Order Plaintiffs request that FXI answer Interrogatory Nos. 4-6 on behalf of Old Foamex is denied. This Court also denies as moot FXIs request for oral hearing. Judge Jack Zouhary on 4/2/13. (S,R)
April 2, 2013 Filing 526 Notice of Appearance by David Mustard filed on behalf of Flexible Foam Products, Inc.(S,R)
April 1, 2013 Filing 525 Notice to take Deposition of Stan Pauley on May 16-17, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
April 1, 2013 Filing 524 Notice to take Deposition of Ed Malechek on May 15, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
April 1, 2013 Filing 523 Notice to take Deposition of Stan Yukevich on May 14, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
April 1, 2013 Filing 522 Notice to take Deposition of Ken Thompson on May 13, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 29, 2013 Filing 521 Notice to take Deposition of Clyde Scott on May 15, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 29, 2013 Filing 520 Notice to take Deposition of Wilbur "Buster" Mann on May 22, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 29, 2013 Filing 519 Notice to take Deposition of Charles L. Moeller on May 10, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 29, 2013 Filing 518 Notice to take Deposition of Al Diamond on May 7, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 29, 2013 Filing 517 Notice to take Deposition of Marc Vitale on May 3, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 28, 2013 Filing 516 Notice to take Deposition of Gary Wahrmund on April 24, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 27, 2013 Filing 515 Notice to take Deposition of Lee Lunsford on May 23, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 27, 2013 Filing 514 Notice to take Deposition of J. Donald Coleman on May 17, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 27, 2013 Filing 513 Notice to take Deposition of Jack Lens on May 14, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 27, 2013 Filing 512 Notice to take Deposition of Larry Heppe on May 9, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 27, 2013 Filing 511 Notice to take Deposition of Eric Kempf on May 8, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 27, 2013 Filing 510 Notice to take Deposition of Bruce Schneider on May 8, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 27, 2013 Filing 509 Notice to take Deposition of Richard Whitling on May 7, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 27, 2013 Filing 508 Notice to take Deposition of Joe York on April 23, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 27, 2013 Filing 507 Notice to take Deposition of Todd Councilman on April 16, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 27, 2013 Opinion or Order Filing 506 Order Pending before this Court is Defendant Advanced Urethane Technologies, Inc.'s Motion to Dismiss (Docs. # 469 & # 502 ) with Opposition from Plaintiffs (Docs. # 486 & # 488 ). This Court previously ruled on similar Motions to Dismiss by other Defendants (Docs. # 191 , # 200 & # 243 ). For reasons stated in these earlier Memorandum Opinions, Defendant AUTs Motion is denied. Judge Jack Zouhary on 3/27/2013.(S,R)
March 21, 2013 Filing 505 Notice to take Deposition of Dennis Keith Johnson on April 5, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 21, 2013 Filing 504 Notice to take Deposition of Michael Crowell on April 3, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 21, 2013 Filing 503 Notice to take Deposition of Jeff Briney on April 2, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 21, 2013 Filing 502 Memorandum In Support of # 469 Motion to dismiss Plaintiffs' Complaints in 3:12-pf-10021-3:12-pf-10023 filed by Advanced Urethane Technologies, Inc. (Sicalides, Barbara) Modified text on 3/25/2013 (S,R).
March 20, 2013 Filing 501 Non-Appeal Transcript Order Form for proceedings held on 03/19/2013 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 30 days filed by Susan Gomez. (Kerger, Richard)
March 20, 2013 Filing 500 Non-Appeal Transcript Order Form for proceedings held on 3/19/2013 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 30 Day filed by Leggett & Platt, Inc.. (Warncke, Daniel)
March 19, 2013 Filing 499 Transcript of Telephone Conference held on 3/19/13 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [32 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/26/2013. Redaction Request due 4/9/2013. Redacted Transcript Deadline set for 4/19/2013. Release of Transcript Restriction set for 6/17/2013. (S,Tr)
March 19, 2013 Filing 498 Notice of Appearance by Larry A. Mackey filed on behalf of Flexible Foam Products, Inc. (S,R)
March 19, 2013 Minutes of proceedings [non-document] before Judge Jack Zouhary. At the request of counsel, the Court held a record phone conference on 3/19/2013 to address a dispute concerning the deposition of witness Frank Donato. See transcript for details. Time: 1 hour, 15 minutes. (Court Reporter: Tracy Spore) (D,L)
March 18, 2013 Filing 497 Cross Notice to take Deposition of Gerald Hannah on March 21, 2013 filed by Flexible Foam Products, Inc.. (Millard, Kendall)
March 18, 2013 Filing 496 Cross Notice to take Deposition of Peter Farah on March 20, 2013 filed by Flexible Foam Products, Inc.. (Millard, Kendall)
March 18, 2013 Filing 495 Cross Notice to take Deposition of Frank Donato on March 19, 2013 filed by Flexible Foam Products, Inc.. (Millard, Kendall)
March 13, 2013 Filing 494 Transcript of Status Conference held on 3/11/13 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [31 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/20/2013. Redaction Request due 4/3/2013. Redacted Transcript Deadline set for 4/15/2013. Release of Transcript Restriction set for 6/11/2013. Related document(s) # 489 , # 493 , # 491 . (S,Tr)
March 13, 2013 Filing 493 Non-Appeal Transcript Order Form for proceedings held on 03/11/2013 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 04/13/2013 filed by Susan Gomez. (Kerger, Richard)
March 13, 2013 Filing 492 Minute Order Court held a record phone conference on March 11, 2013 (Court Reporter: Tracy Spore) and heard arguments from counsel regarding a dispute concerning the scheduling of depositions. Court cancelled the previously scheduled telephone status set for March 19, 2013 and set the following dates for future conferences: Thursday, May 23, 2013 Telephone 10:00 AM EDT; Tuesday, June 25, 2013 Telephone 10:00 AM EDT; Monday, August 5, 2013 In Person 2:00 PM EDT; Monday, September 9, 2013 Telephone 10:00 AM EDT; Thursday, October 24, 2013 In Person 1:00 PM EDT; Wednesday, December 4, 2013 Telephone 10:00 AM EST. Judge Jack Zouhary on 3/11/13. (S,R)
March 12, 2013 Filing 491 Daily Non-Appeal Transcript Order Form for proceedings held on March 11, 2013 before Judge Zouhary, Court Reporter: Spore. Requested completion date: March 13, 2013 filed by Direct Purchaser Class. (Wolfson, Adam)
March 12, 2013 Filing 490 Notice to take Deposition of Gerry Hannah on March 21, 2013 filed by Indirect Purchaser Class. (Miller, Marvin)
March 12, 2013 Filing 489 Non-Appeal Transcript Order Form for proceedings held on March 11, 2013 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 30 Days filed by Leggett & Platt, Inc.. (Warncke, Daniel)
March 12, 2013 Filing 488 SEALED Document: Exhibits 2 and 3 in Support of Memorandum In Opposition To Advanced Urethane Technologies, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Rule 12(b)(6) filed by Fraenkel Company, Jeffco Fibres, Inc., Medi-Pedic Bedding Co., Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc.. Related document(s) # 486 . (Attachments: # 1 Exhibit 2, # 2 Exhibit 3)(Tompkins, Charles)
March 12, 2013 Opinion or Order Order [non-document] granting Plaintiff's Motion for leave to file exhibits under seal in support of Memorandum in Opposition. (Related Doc # 487 ). Judge Jack Zouhary on 3/12/2013.(S,R)
March 11, 2013 Filing 487 Motion for leave to file exhibits under seal in support of Memorandum in Opposition filed by Fraenkel Company, Jeffco Fibres, Inc., Medi-Pedic Bedding Co., Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc.. Related document(s) # 486 . (Tompkins, Charles)
March 11, 2013 Filing 486 Memorandum in Opposition to Advanced Urethan Technologies, Inc.'s # 469 Motion to dismiss pursuant to Rule 12(b)(6) Plaintiffs' Complaints in 3:12-pf-10021-3:12-pf-10023 filed by Fraenkel Company, Jeffco Fibres, Inc., Medi-Pedic Bedding Co., Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC, Tualatin Sleep Products, Inc.. (Attachments: # 1 Exhibit 1)(Tompkins, Charles) Modified on 3/12/2013 (S,R).
March 11, 2013 Filing 485 Corrected Notice of Rule 30(B)(6) Videotpe Deposition of Ohio Decorative Products, Inc. on March 13, 2013 filed by Direct Action Plaintiff(s). (Attachments: # 1 Exhibit 1 - Subpoena)(Blechman, William) Modified on 3/12/2013 (S,R).
March 7, 2013 Filing 484 Stipulation of Dismissal Without Prejudice re: 3:12-pf-10021-3:12-pf-10024. filed by Grand Rapids Bedding Co., Jeffco Fibres, Inc., Medi-Pedic Bedding Co., Inc., Spring Air International LLC, Spring Air LLC, Spring Air Mattress Corp., Spring Air Ohio LLC. (Tompkins, Charles) Modified text on 3/8/2013. Stipulation filed and granted on individual cases. (S,R)
March 6, 2013 Filing 483 Amended Notice to take Deposition of Frank Donato and Peter Farah on March 19 and March 20, 2013 filed by Indirect Purchaser Class. Related document(s) # 482 .(Miller, Marvin)
March 5, 2013 Filing 482 Notice to take Deposition of Frank Donato and Peter Farah on March 19 and March 20, 2013 filed by Indirect Purchaser Class. (Miller, Marvin)
February 28, 2013 Notice [non-document] of Telephone Conference set for Tuesday, March 19, 2013 at 11:30 a.m. (DST) before Judge Jack Zouhary. Counsel to provide any additional agenda items, the conference line number to be used and a roll call for those attending the conference by Friday, March 15, 2013. (S,R)
February 27, 2013 Filing 481 Notice of Firm Name Change filed by Abdinoor's Carpet Craft, Advanced Sleep Concepts, Alyanna Enterprises, Inc, Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Jonathan Stevens Mattress Co., Medi-Pedic Bedding Co., Inc., Tualatin Sleep Products, Inc.. (Zapka, Dennis)
February 25, 2013 Filing 480 Transcript of Status Conference held on 2/15/13 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [29 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/4/2013. Redaction Request due 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/27/2013. Related document(s) # 475 . (S,Tr)
February 25, 2013 Filing 479 Notice to take Deposition of David Branner on March 5, 2013 filed by All Plaintiffs. (Attachments: # 1 Exhibit Subpoena to David Branner)(Blechman, William)
February 25, 2013 Filing 478 Notice of Appearance by Alexander L. Harris filed on behalf of Advanced Urethane Technologies, Inc.(S,R)
February 25, 2013 Filing 477 Notice of Appearance by Noah S. Robbins filed on behalf of Advanced Urethane Technologies, Inc. (S,R)
February 22, 2013 Filing 476 Notice of Rule 30(B)(6) Videotape Deposition of Ohio Decorative Products, Inc., on March 13, 2013 filed by All Plaintiffs. (Attachments: # 1 Exhibit Subpoena to Ohio Decorative)(Blechman, William) Modified on 2/25/2013 (S,R).
February 19, 2013 Filing 475 Non-Appeal Transcript Order Form for proceedings held on 02/15/2013 before Judge Zouhary, Court Reporter: Tracy Spore. Requested completion date: 02/26/2013 filed by Susan Gomez. (Kerger, Richard)
February 15, 2013 Opinion or Order Filing 474 Order This Court held a record phone status hearing on February 15, 2013 (Court Reporter: Tracy Spore). Court ordered Leggett & Platt to produce ESI for the agreed upon 19 custodians and the agreed upon 8 regional sales managers, as well as price exception data. Time: 45 Minutes. Judge Jack Zouhary on 2/15/13. (S,R)
February 14, 2013 Opinion or Order Filing 473 Order granting Motion to Modify Orders Appointing Direct Purchaser Plaintiffs Executive Committee to substitute Hollis L. Salzman of Robins, Kaplan, Miller & Ciresi L.L.P. for Bernard Persky of Labaton Sucharow LLP on the Executive Committee.(Related Doc # 471 ). Judge Jack Zouhary on 2/14/2013.(S,R)
February 14, 2013 Filing 472 Notice of Change of Firm Affiliation Lee Albert filed on behalf of Direct Purchaser Class. (Albert, Lee) Modified on 2/14/2013 (S,R).
February 13, 2013 Filing 471 Motion to Modify Orders Appointing Direct Purchaser Plaintiffs' Executive Committee filed by Plaintiff Direct Purchaser Class. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Salzman, Hollis)
February 8, 2013 Opinion or Order Filing 470 Order Pursuant to Notice # 457 and the Settlement Website www.flexiblepolyurethanefoamsettlement.com this Court will hold a Fairness Hearing on Tuesday, May 7, 2013 at 10:00 a.m. in the courtroom of the Honorable Jack Zouhary. One week prior to the hearing, counsel shall advise Chambers at Zouhary_Chambers@ohnd.uscourts.gov who will be attending the conference. Judge Jack Zouhary on 2/8/2013. (S,R)
February 8, 2013 Opinion or Order Order [non-document] denying as moot Defendant Advanced Urethane Technoloties, Inc.'s # 461 Motion to dismiss for failure to state a claim pursuant to the filing of documents no. # 463 and # 469 . Judge Jack Zouhary on 2/8/2013.(S,R)
February 7, 2013 Filing 469 Motion to dismiss Plaintiffs' Complaints in 3:12-pf-10021-3:12-pf-10024 filed by Defendant Advanced Urethane Technologies, Inc. Related document(s) # 463 . (Attachments: # 1 Brief in Support, # 2 Proposed Order, # 3 Certificate of Service)(Sicalides, Barbara) Modified on 2/11/2013 (S,R).
February 7, 2013 Filing 468 VACATED per non-document order of 2/7/2013. Order granting without opposition defendant Advanced Urethane Technologies' Motion to dismiss for failure to state a claim with prejudice. (Related Doc # 461 ). Judge Jack Zouhary on 2/7/13.(S,R) Modified text on 2/7/2013 (S,R).
February 7, 2013 Opinion or Order Order [non-document] VACATING # 468 Order granting defendant Advanced Urethane Technologies, Inc.'s Motion to Dismiss. Defendant Advanced Urethane Technologies, Inc. is to answer the Amended Complaints filed on cases 3:12-pf-10021-1:12-pf-10024 on/or before February 11th. (related doc. no. # 461 , # 463 ). Judge Jack Zouhary on 2/7/13. (S,R)
February 5, 2013 Filing 467 Notice of Change of Firm Affiliation filed by All Plaintiffs. (Hollywood, Meegan)
February 5, 2013 Filing 466 Notice of Service of Subpoena filed by Indirect Purchasers. (Miller, Marvin)
February 4, 2013 Filing 465 Notice of Service of Subpoena filed by Indirect Purchasers. (Miller, Marvin)
February 1, 2013 Filing 464 Notice of Change of Firm Affiliation of Hollis Salzman filed on behalf of Certain Plaintiffs. (Salzman, Hollis) Modified on 2/4/2013 (S,R).
January 18, 2013 Filing 463 Notice of Filing of Amended Complaints in cases 3:12-pf-10023, 3:12-pf-10021, 3:12-pf-10024, 3:12-pf-10022 filed by Advanced Sleep Concepts, E&E Bedding Company, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Medi-Pedic Bedding Co., Inc., Spring Air International LLC, Spring Air LLC, Spring Air Ohio LLC, Tualatin Sleep Products, Inc. Related document(s) # 461 .(Brown, Rachel) Modified text on 2/7/2013. (S,R).
January 18, 2013 Filing 462 FILING ERROR. Duplicate of Doc 40 on case 3:11-pf-10001. Notice of Service of Third Party Subpoena to American Capital Ltd. filed by E&E Bedding Company, Inc., Spring Air International LLC, Spring Air LLC, Spring Air Ohio LLC. (Attachments: # 1 Exhibit A - Subpoena with Schedule A)(Avery, Vanessa) Modified on 1/22/2013 (S,R).
December 28, 2012 Filing 461 Motion to dismiss Plaintiffs' Complaints in 3:12-pf-10021-3:12-pf-10025 filed by Advanced Urethane Technologies, Inc. (Attachments: # 1 Memorandum of Law in Support, # 2 Proposed Order, # 3 Certificate of Service) (Sicalides, Barbara) Modified on 1/3/2013 (S,R).
December 14, 2012 Filing 460 Conditional Transfer Order (CTO-13) by the Judicial Panel on Multidistrict Litigation transferring District of Kansas case number 2:12-2748 (LaCrosse Furniture Company v Future Foam, Inc.) to the Northern District of Ohio. (S,R)
December 13, 2012 Filing 459 Notice of Service of Subpoena for Documents and Videotaped Deposition of Ohio Decorative Products, Inc. filed by Direct Action Plaintiff(s). (Blechman, William)
November 29, 2012 Opinion or Order Filing 458 Order RE: Downstream Discovery. This Court believes the downstream data requested by Defendants is not relevant and therefore not discoverable. Judge Jack Zouhary on 11/29/12. (S,R)
November 29, 2012 Opinion or Order Filing 457 Order RE: Settlement Class. A settlement has been reached between Plaintiffs and Defendants Vitafoam and Domfoam. Court vacates the Magistrate's Order of October 23,2012 (re # 432 ). At this juncture, the terms of the settlement having been approved, this Court has reviewed Plaintiffs proposed Notice, Claim Form and Publication Notice (Doc # 374 ) and Defendants Objections (Docs. # 377 ), and has made revisions, copies attached (Exhibits A,B & C). These forms and notices should be completed with the cooperation of all counsel, inserting appropriate dates and completing blanks, in order that these documents be mailed promptly to the proposed class. Counsel are instructed to call Chambers at (419) 213-5675 if further guidance is needed and to obtain a date specific in February 2013 for a Hearing. Judge Jack Zouhary on 11/29/12. (Attachments: # 1 Exhibit A-Notice, # 2 Exhibit B-Claim Form, # 3 Exhibit C-Publication Notice)(S,R) Modified text on 11/30/2012 (S,R).
November 28, 2012 NOTICE. [non-document] With agreement of counsel, Phone Conference set for 11/28/12 at 1:00 PM is vacated. (S,Na)
November 27, 2012 Filing 456 Conditional Transfer Order (CTO-12) by the Judicial Panel on Multidistrict Litigation transferring Eastern District of Michigan case 2:12-14967 (General Motors LLC v Carpenter Co., et al) to the Northern District of Ohio. (S,R)
November 20, 2012 Filing 455 Notice of Service of Subpoena to Testify at a Deposition and Produce Documents in a Civil Action of Third Party Subpoena for Documents and Deposition filed by Sealy Corporation. (Attachments: # 1 Exhibit 1 - Subpoena to Testify and Produce Documents to Ohio Decorative Products, Inc.)(Blechman, William)
November 19, 2012 Filing 454 SEALED Document: Memorandum of Direct Purchaser (Class) Plaintiffs and Direct Action Plaintiffs Regarding the Court's Discovery Dispute Order Dated September 7, 2012 filed by Direct Purchaser Class. Related document(s) # 42 . (Attachments: # 1 Exhibit Order in Pool Products Distribution Market Antitrust Litigation, # 2 Exhibit Order in TFT-LCD (Flat Panel) Antitrust Litigation, # 3 Exhibit Order in Vitamin C Antitrust Litigation, # 4 Exhibit Price Increase Letters, # 5 Exhibit April 11, 2012 Meet and Confer Letter, # 6 Exhibit July 18, 2012 Discovery Dispute Letter, # 7 Exhibit Order in Chocolate Confectionary Antitrust Litigation, # 8 Exhibit Order in Carbon Dioxide Antitrust Litigation, # 9 Exhibit Certificate of Service)(Wolfson, Adam)
November 19, 2012 Filing 453 Brief regarding Discovery from Competitor Plaintiffs (Redacted Version) filed by Carpenter Company, Carpenter Holdings, Inc., E. R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 451 , # 435 . (Attachments: # 1 Exhibit A (Defendants' August 20, 2012 Hearing Presentation), # 2 Exhibit B (Defendants' Production Documents - filed under seal)) (Lukitsch, Bethany)
November 19, 2012 Filing 452 SEALED Document: Brief regarding Discovery from Competitor Plaintiffs filed by Carpenter Company, Carpenter Holdings, Inc., E. R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 451 , # 435 . (Attachments: # 1 Exhibit A (Defendants' August 20, 2012 Hearing Presentation), # 2 Exhibit B (Defendants' Production Documents))(Lukitsch, Bethany)
November 16, 2012 Filing 451 Stipulation & Order to extend time until 11/19/2012 to submit briefs on downstream discovery order and to meet and confer over glossary terms. re # 450 . Judge Jack Zouhary on 11/16/12. (S,R)
November 15, 2012 Filing 450 Proposed Stipulation To Extend Time To Submit Briefs on Downstream Discovery Order and To Meet and Confer Over Glossary of Terms filed by Direct Purchaser Class. (Wolfson, Adam)
November 13, 2012 Filing 449 Subpoena Returned Executed; served upon David T. Branner by hand delivery on 11/9/2012 filed on behalf of Henson Sleep Relief, Inc. Related document(s) # 443 , # 444 . (Deas, W.)
November 7, 2012 Filing 448 Brief - Domfoam Parties' Memorandum Addressing Magistrate Judge Knepp's Order Of October 23, 2012, filed by Domfoam International, Inc., Valle Foam Industries, Inc.. Related document(s) # 432 . (Silver, Elliot)
November 7, 2012 Filing 447 Brief Memorandum of Vitafoam Defendants in Further Support of Preliminary Certification of Settlement Class filed by Vitafoam Products Canada Limited, Vitafoam, Inc.. (Attachments: # 1 Affidavit Declaration of Timothy J. Coleman in Support of Memorandum of Vitafoam Defendants in Further Support of Preliminary Certification of Settlement Class, # 2 Exhibit Exhibit A to Coleman Declaration, # 3 Exhibit Exhibit B to Coleman Declaration, # 4 Exhibit Exhibit C to Coleman Declaration, # 5 Exhibit Exhibit D to Coleman Declaration, # 6 Exhibit Exhibit E to Coleman Declaration, # 7 Exhibit Exhibit F to Coleman Declaration, # 8 Exhibit Exhibit G to Coleman Declaration, # 9 Exhibit Exhibit H to Coleman Declaration, # 10 Exhibit Exhibit I to Coleman Declaration, # 11 Exhibit Exhibit J to Coleman Declaration, # 12 Exhibit Exhibit K to Coleman Declaration, # 13 Exhibit Exhibit L to Coleman Declaration) (Coleman, Timothy)
November 7, 2012 Filing 446 CLASS PLAINTIFFS' MEMORANDUM ADDRESSING MAGISTRATE KNEPP'S ORDER OF OCTOBER 23, 2012 filed by Direct Action Plaintiff(s). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)Related document(s) # 432 .(Willett, Melissa)
November 7, 2012 Filing 445 Brief regarding Settlement Class Certification filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 442 , # 435 . (Lukitsch, Bethany)
November 5, 2012 Filing 444 Corrected Notice of Service of Third-Party Subpoena for Documents and Deposition filed by Henson Sleep Relief, Inc. (related doc. # 443 )(Deas, W.) Modified on 11/6/2012 (S,R).
November 5, 2012 Filing 443 Notice of Service (FILED UNDER SEAL) of Third-Party Subpoena For Documents and Deposition filed by Henson Sleep Relief, Inc.. (Attachments: # 1 Exhibit "1" - Subpoena for Documents and Deposition)(Deas, W.) Modified on 11/5/2012 - Per call from attorney, document should not be under seal (G, D)
November 1, 2012 Filing 442 Marginal Order re # 440 Response to Motion of Direct Purchaser Plaintiffs to Extend Time to File Brief on Whether Order # 432 Should be Reconsidered or Altered. Judge Jack Zouhary (MDL2196) on 11/1/12. (D,L)
November 1, 2012 Opinion or Order Filing 441 Order granting # 439 Motion to Extend Deadline until 11/7/12 To File Brief On Whether Order # 432 Should Be Reconsidered Or Altered. Judge Jack Zouhary (MDL2196) on 11/1/12.(D,L)
November 1, 2012 Filing 440 Response to # 439 Motion for extension of Time To File Brief On Whether Order (DKT. #432) Should Be Reconsidered Or Altered until 11/7/2012 filed by Carpenter Company, Carpenter Holdings, Inc., E. R. Carpenter, L.P., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Ohio Decorative Products, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: # 1 Proposed Order)(McGuire, Matthew)
November 1, 2012 Filing 439 Motion for extension of Time To File Brief On Whether Order (DKT. #432) Should Be Reconsidered Or Altered until 11/7/2012 filed by Plaintiff Direct Purchaser Class. Related document(s) # 432 . (Attachments: # 1 Proposed Order)(Willett, Melissa)
November 1, 2012 Filing 438 Stipulation & Order re # 437 Proposed Order to Extend Time Under Federal Rule of Civil Procedure 12. None of the undersigned Defendants shall be required to answer, move or otherwise respond to the pleadings filed in any of the 5 above captioned actions until 30 days after they have been properly served as specified in this Court's May 12, 2011 Amended Case Management Order. This stipulation shall not toll any applicable statutes of limitation. Judge Jack Zouhary (MDL2196) on 11/1/12. (D,L)
October 31, 2012 Filing 437 Proposed `Stipulation and Order to Extend Time Under Federal Rule of Civil Procedure 12 filed by Carpenter Company, E&E Bedding Company, Inc., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Grand Rapids Bedding Co., Hickory Springs Manufacturing Company, Jeffco Fibres, Inc., Jonathan Stevens Mattress Co., Leggett & Platt, Inc., Medi-Pedic Bedding Co., Inc., Mohawk Industries, Inc., Spring Air International LLC, Spring Air LLC, Spring Air Ohio LLC, Woodbridge Foam Corporation. (Bonder, Teresa) Modified on 11/1/2012 (S,R).
October 26, 2012 Filing 436 Transcript of Hearing on Motions held on 10/24/12 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [91 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 11/2/2012. Redaction Request due 11/16/2012. Redacted Transcript Deadline set for 11/26/2012. Release of Transcript Restriction set for 1/24/2013. Related document(s) # 434 . (S,Tr)
October 25, 2012 Opinion or Order Filing 435 ORDER. Record hearing held on 10/24/12. Motion to Compel (Costco) # 428 denied as moot, without prejudice. Motion to Compel (Empire) # 431 denied as moot, without prejudice. Simultaneous briefs (15 page limit) re extent of discovery permitted for fabricated foam products due by 11/15/12. Jointly agreed upon Glossary of Terms due by 11/15/12. Additional briefs (10 page limit) re procedure for Vitafoam and Domfoam settlements due by 11/2/12. Counsel to electronically file Notices of Depositions and to include a brief description of the title or position of the deponent. Judge Jack Zouhary (MDL2196) on 10/25/12. Court Reporter: Tracy Spore. (Time: 2.25 hours) (Attachments: # 1 Agenda, # 2 Sign In Sheet)(D,L)
October 25, 2012 Filing 434 Expedited Non-Appeal Transcript Order Form for proceedings held on 10/24/12 before Judge Zouhary, Court Reporter: Spore. Requested completion date: 10/26/12 filed by Indirect Purchasers. (Kerger, Richard)
October 24, 2012 Filing 433 Entry of Appearance by Jordan D. Shea filed on behalf of E&E Bedding Company, Inc., Spring Air LLC, Spring Air Ohio LLC. (S,R)
October 23, 2012 Opinion or Order Filing 432 Order denying # 374 Plaintiffs' Motion for Approval of Proposed Program for Transmitting Notice of Vitafoam Settlement and Domfoam Settlement to Members of Proposed Settlement Classes. To extent Plaintiffs wish to proceed with settlement class, they should file motion for certification of settlement class, which Court will consider at hearing solely for purposes of determining propriety of class certification. If Plaintiffs prevail Court will consider form and manner of proposed notice to class of contemplated settlement and members' rights and obligations pertaining thereto. Following distribution of notice Court will conduct further hearing to consider final approval of settlement. Magistrate Judge James R. Knepp, II on 10/23/12.(A,P)
October 18, 2012 Filing 431 Motion to compel discovery for Empire Today, LLC to Comply with Third-Party Subpoena filed by Plaintiff Indirect Purchaser Class. (Attachments: # 1 Brief in Support Memorandum of Law in Support of Motion, # 2 Pleading Notice of Motion)(Miller, Marvin)
October 18, 2012 Filing 430 Notice of Discovery Dispute Notice of Motion filed by Indirect Purchaser Class. Related document(s) # 429 , # 428 .(Miller, Marvin)
October 18, 2012 Filing 429 Motion to compel discovery Memorandum of Law in Support of Indirect Purchaser Plaintiffs' Motion to Compel Costco Wholesale Corporation to Comply with Third-Party Subpoena filed by Plaintiff Indirect Purchaser Class. Related document(s) # 428 . (Miller, Marvin)
October 18, 2012 Filing 428 Motion to compel discovery for Costco Wholesale Corporation to Comply with Third-Party Subpoena filed by Plaintiff Indirect Purchaser Class. (Miller, Marvin)
October 2, 2012 Filing 427 Marginal Entry Order granting defendant Future Foam, Inc's Motion to withdraw attorney Angela K. Wilson. (Related Doc # 426 ). Judge Jack Zouhary on 10/2/12.(S,R)
September 28, 2012 Filing 426 Motion by Angela K. Wilson to withdraw as attorney filed by defendant Future Foam, Inc. (Wilson, Angela) Modified on 10/1/2012 (S,R).
September 19, 2012 Filing 425 Notice of Appearance of Matthew S. Noren filed on behalf of Future Foam, Inc. (Blinn, Meghan) Modified on 9/20/2012 (S,R).
September 14, 2012 Opinion or Order Filing 424 Stipulation and Order dismissing defendant Otto Bock Polyurethane Technologies, Inc. without prejudice pursuant to FRCP 41(a)(1)(A)(ii). re # 422 . Judge Jack Zouhary on 9/13/12. (S,R)
September 14, 2012 Filing 423 Conditional Transfer Order (CTO 11) by the Judicial Panel on Multidistrict Litigation transferring the 5 listed cases from the District of Massachusetts to the Northern District of Ohio on 9/14/12. (R,Sh)
September 14, 2012 Filing 422 Transcript of Oral Argument held on August 20, 2012 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [173 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 9/21/2012. Redaction Request due 10/5/2012. Redacted Transcript Deadline set for 10/15/2012. Release of Transcript Restriction set for 12/13/2012. (N,A)
September 13, 2012 Filing 421 Proposed Stipulation and Order filed by Direct Purchaser Class. (Wolfson, Adam)
September 7, 2012 Filing 420 Discovery Depute Order re # 418 , # 419 . Judge Jack Zouhary on 9/7/12. (S,R)
September 5, 2012 Filing 419 SEALED Document: filed by Carpenter Company, Carpenter Holdings, Inc., E. R. Carpenter, L.P., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Otto Bock Polyurethane Technologies, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 418 . (Attachments: # 1 Exhibit P, # 2 Exhibit Q, # 3 Exhibit S, # 4 Exhibit T, # 5 Exhibit V, # 6 Exhibit W, # 7 Exhibit X, # 8 Exhibit BB)(Lukitsch, Bethany)
September 5, 2012 Filing 418 Notice of Joint Submission on Discovery Disputes filed by Carpenter Company, Carpenter Holdings, Inc., E. R. Carpenter, L.P., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Otto Bock Polyurethane Technologies, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: # 1 Joint Submission on Discovery Disputes, # 2 Exhibit A (Defendants' First Request for Production), # 3 Exhibit B (Defendants' January 12, 2012 Letter), # 4 Exhibit C (Plaintiffs' January 27, 2012 Letter), # 5 Exhibit D (Defendants' April 5, 2012 Letter), # 6 Exhibit E (Plaintiffs' April 20, 2012 Letter), # 7 Exhibit F (Defendants' June 26, 2012 Letter), # 8 Exhibit G (Plaintiffs' June 29, 2012 Letter), # 9 Exhibit H (July 2, 2012 Email from B. Lukitsch), # 10 Exhibit I (July 3, 2012 Email from K. Teruya), # 11 Exhibit J (June 22, 2012 Email from A. Wolfson), # 12 Exhibit K (July 2, 2012 Email from A. Wolfson), # 13 Exhibit L (July 3, 2012 Email from A. Wolfson), # 14 Exhibit M (ECF No. 205), # 15 Exhibit N (ECF No. 218), # 16 Exhibit O (Chart of Definitions in Plaintiffs' Complaints), # 17 Exhibit P (filed under seal), # 18 Exhibit Q (filed under seal), # 19 Exhibit R (Certain Plaintiffs' Responses to Defendants' First RFP), # 20 Exhibit S (filed under seal), # 21 Exhibit T (filed under seal), # 22 Exhibit U (January 20, 2010 In re Urethane Memorandum and Order), # 23 Exhibit V (filed under seal), # 24 Exhibit W (filed under seal), # 25 Exhibit X (filed under seal), # 26 Exhibit Y (Excerpt from Carpenter Co. Website), # 27 Exhibit Z (January 26, 2012 In re Vitamin C Memorandum Decision and Order), # 28 Exhibit AA (June 7, 2004 J.B.D.L. Order), # 29 Exhibit BB (filed under seal), # 30 Exhibit CC (November 5, 2010 In re TFT-LCD Special Master's Order), # 31 Exhibit DD (July 2, 2012 Letter from M. Hoernlein), # 32 Exhibit EE (Defendants' July 12, 2012 Letter))(Lukitsch, Bethany)
August 30, 2012 Filing 417 Second Amended Scheduling Order Trial to be held on 10/1/2014 (related doc #'s # 191 , # 241 , # 347 , # 354 , # 408 ). Judge Jack Zouhary on 8/30/12. (S,R)
August 30, 2012 Filing 416 Stipulation & Order Regarding Expert Discovery. Judge Jack Zouhary on 8/30/12. (S,R)
August 29, 2012 Filing 415 Attorney Appearance by Charles E. Tompkins filed by on behalf of E&E Bedding Company, Inc., Spring Air LLC, Spring Air Ohio LLC. (Tompkins, Charles)
August 27, 2012 Filing 414 Non-Appeal Transcript Order Form for proceedings held on 8/20/12 before Judge Judge Jack Zouhary, re # 412 Minute Order _ Status Conference, Terminate Deadlines and Hearings. Court Reporter: Court Reporter: Angela Nixon. Requested completion date: 8/30/12 filed by Direct Action Plaintiff(s), Direct Purchaser Class. Related document(s) # 412 . (Willett, Melissa)
August 24, 2012 Filing 413 Notice of Appearance of Keith L. Butler filed by on behalf of Cambridge of California, Inc., VFP Acquisitions. (Strange, Brian) Modified on 9/7/2012 (S,R).
August 24, 2012 Opinion or Order Filing 412 ORDER. Record status hearing held on 8/20/12 (Court Reporter: Angela Nixon) Time: 4 hours. Judge Jack Zouhary (MDL2196) on 8/24/12. (D,L)
August 22, 2012 Filing 411 Corporate Disclosure Statement filed by Leggett & Platt, Inc.. (Warncke, Daniel)
August 15, 2012 Filing 410 Marginal Order granting Certain Plaintiffs' # 407 Notice of Dismissal of defendant Advance Urethane Technologies, Inc. (AUT), only, without prejudice pursuant to FRCP 41(a)(1)(A)(i). Judge Jack Zouhary on 8/15/12. (S,R)
August 15, 2012 Opinion or Order Order [non-document] # 397 Motion to dismiss and # 398 to stay are termed as moot. Defendant Advance Urethane Technologies, Inc. has been dismissed in following cases: 3:11-pf-10001, 3:12-pf-10003, 3:12-pf-10010, 3:12-pf-10011, 3:12-10012. (related Doc. # 410 ) Judge Jack Zouhary on 8/15/12.(S,R)
August 14, 2012 Filing 409 Letter to Judge Zouhary in response to Amended Joint Scheduling Order filed by Direct Action Plaintiff(s). Related document(s) # 408 . (Blechman, William)
August 10, 2012 Filing 408 Notice of Stipulation and [Proposed] Amended Joint Scheduling Order filed by Direct Purchaser Class. (Attachments: # 1 Stipulation and [Proposed} Amended Joint Scheduling Order, # 2 Exhibit 1 to Stipulation and [Proposed] Order)(Wolfson, Adam)
August 6, 2012 Filing 407 Notice of Dismissal Under FRCP 41(a)(1) (i) of Advanced Urethane Technologies, Inc. filed by Advanced Sleep Concepts, E&E Bedding Company, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Jonathan Stevens Mattress Co., Spring Air International LLC, Spring Air LLC, Spring Air Ohio LLC, Tualatin Sleep Products, Inc.. (Brown, Rachel)
July 27, 2012 Filing 406 Minute Order of Telephone Conference held on 7/26/12 Time: 30 minutes Hearing to be held on 8/20/2012 at 1:00 PM in Courtroom 204 (8/16/12 hearing vacated). Phone conference: Monday, September 24 at 1:00 p.m.; In-Person Conference: Wednesday, October 24 at 1:00 p.m.; Phone Conference: Wednesday, November 28 at 1:00 p.m.;Phone Conference: Tuesday, December 18 at 1:00 p.m. Judge Jack Zouhary (MDL2196) on 7/27/12. (C,D) Modified on 8/7/2012 (S,Na).
July 24, 2012 Opinion or Order Filing 405 ORDER. In light of the avalanche of discovery disputes and the unavailability of certain counsel to attend hearing set for 7/26/12, that hearing is vacated and reset for 8/16/12 at 1:00 PM in Courtroom 204. Counsel are reminded to meet and confer to discuss pending discovery disputes and motions, as it appears some of the matters submitted to this Court have been resolved or rendered moot. Also, counsel shall submit an Agenda identifying those matters which require Court ruling with reference to the e-mail or filed document where the discovery dispute is identified. Counsel shall also include with the Agenda a list of those lawyers attending the conference. The Agenda shall be filed by 8/9/12. Judge Jack Zouhary on 7/24/12. (S,Na)
July 23, 2012 Filing 404 Response to defendant Advanced Urethane Technologies, Inc.'s # 398 Motion to stay discovery filed by Advanced Sleep Concepts, E&E Bedding Company, Inc., Fraenkel Company, Grand Rapids Bedding Co., Illinois Sleep Products, Jeffco Fibres, Inc., Medi-Pedic Bedding Co., Inc., Spring Air International LLC, Spring Air LLC, Spring Air Ohio LLC, Tualatin Sleep Products, Inc. (Brown, Rachel) Modified on 7/27/2012 (S,R).
July 23, 2012 Filing 403 Notice of Service of Subpoena upon Lowe's HIW, Inc. and Lowe's HOme Centers, Inc. filed by Indirect Purchaser Class. (Miller, Marvin) Modified on 7/27/2012 (S,R).
July 23, 2012 Filing 402 Notice of Appearance by Barbara T. Sicalides filed on behalf of Advanced Urethane Technologies, Inc. (Sicalides, Barbara) Modified on 7/27/2012 (S,R).
July 23, 2012 Filing 401 Notice of Appearance by Matthew R. Williams filed on behalf of Advanced Urethane Technologies, Inc. (Williams, Matthew) Modified on 7/27/2012 (S,R).
July 18, 2012 Filing 400 Attorney Appearance by Anitra G. Royster filed by on behalf of Hickory Springs Manufacturing Company. (G,D)
July 13, 2012 Opinion or Order Filing 399 Order A record hearing will be held on all pending Motions (Docs. # 374 , # 397 & # 398 ; Doc. # 23 in Case No. 12 PF 10001) and discovery disputes on Thursday, July 26, 2012 at 9:00 a.m. in the courtroom of the Honorable Jack Zouhary and the Honorable James Knepp, United States District Judge, located on the second floor, Courtroom 204, United States Courthouse, 1716 Spielbusch, Toledo, Ohio. Counsel are instructed to call Chambers at (419) 213-5675 and advise who will be attending the conference and whether they will be attending in person or by phone. Judge Jack Zouhary (MDL2196) on 7/13/12. (C,D)
July 9, 2012 Filing 398 Motion to stay discovery filed by Advanced Urethane Technologies, Inc. (Attachments: # 1 Exhibit 1: Plaintiffs Discovery Requests to AUT)(Hansberry, John) Modified on 7/11/2012 (S,R).
July 9, 2012 Filing 397 Motion to dismiss Plaintiffs Complaints filed by Advanced Urethane Technologies, Inc. (Hansberry, John) Modified on 7/11/2012 (S,R).
July 5, 2012 Filing 396 Conditional Transfer Order (CTO-10) by Judicial Panel on Multidistrict Litigation transferring 5 cases to the Northern District of Ohio.(S,J)
June 28, 2012 Filing 395 Notice of Appearance by Bradley R. Love filed on behalf of Flexible Foam Products, Inc.(S,R)
June 27, 2012 NOTICE. [non-document] At the request of defense counsel, the 6/29/12 phone conference is vacated and rescheduled for 7/12/12 at 2:00 PM before Judge Jack Zouhary. Counsel instructed to call or e-mail Chambers to obtain the conference line and advise who will be attending the conference. (S,Na)
June 26, 2012 Opinion or Order Filing 394 ORDER. Telephone Conference set for 6/29/12 at 2:00 PM before Judge Jack Zouhary re discovery dispute with Defendant Flexible Foam Products. Counsel are instructed to call or e-mail Chambers to obtain the conference line number and advise who will be attending the conference. Judge Jack Zouhary on 6/26/12. (S,Na)
June 18, 2012 Filing 393 Statement in Support of Direct Purchaser Class Plaintiffs' # 374 Motion for Approval of Proposed Program for Transmitting Notice of the Vitafoam Settlement and Domfoam Settlement to Members of the Proposed Settlement Classes filed by Vitafoam Products Canada Limited, Vitafoam, Inc. (Coleman, Timothy) Modified on 6/19/2012 (S,R).
June 18, 2012 Filing 392 Memorandum in Support of Motion for Approval of Proposed Program for Transmitting Notice of the Vitafoam Settlement and Domfoam Settlement to Members of the Proposed Settlement Classes. filed by Domfoam International, Inc., Valle Foam Industries, Inc.. Related document(s) # 42 , # 374 .(Silver, Elliot)
June 18, 2012 Filing 391 SEALED Document: Reply Memorandum in Support of Motion for Approval of Proposed Program for Transmitting Notice of the Vitafoam Settlement and Domfoam Settlement to Members of the Proposed Settlement Classes filed by Direct Purchaser Class. Related document(s) # 42 , # 374 . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Certificate of Service)(Wolfson, Adam)
June 18, 2012 Filing 390 Answer to # 371 Amended complaint,, filed by Mohawk Industries, Inc.. (Bonder, Teresa)
June 18, 2012 Filing 389 Answer to # 371 Amended complaint,, filed by Vitafoam Products Canada Limited, Vitafoam, Inc.. (Coleman, Timothy)
June 18, 2012 Filing 388 Answer to Indirect Purchasers' # 371 Corrected Second Amended complaint filed by Leggett & Platt, Inc. (Novion, Laurie) Modified on 6/19/2012 (S,R).
June 18, 2012 Filing 387 Answer to # 371 Amended complaint,, filed by Carpenter Company. (Lukitsch, Bethany)
June 18, 2012 Filing 386 Answer to # 371 Amended complaint,, filed by Otto Bock Polyurethane Technologies, Inc.. (Duncan, Richard)
June 18, 2012 Filing 385 Answer and Affirmative Defenses to # 371 Second Amended complaint filed by Flexible Foam Products, Inc. (Millard, Kendall) Modified on 6/19/2012 (S,R).
June 18, 2012 Filing 384 Answer to # 371 Amended complaint,, filed by Hickory Springs Manufacturing Company. (McGuire, Matthew)
June 18, 2012 Filing 383 Answer to # 371 Amended complaint,, filed by FXI-Foamex Innovations, Inc.. (Ryan, Peter)
June 18, 2012 Filing 382 Answer to # 371 Amended complaint,, filed by Woodbridge Foam Fabricating, Inc.. (Kop, Allison)
June 18, 2012 Filing 381 Answer to # 371 Amended complaint,, filed by Woodbridge Sales & Engineering, Inc.. (Kop, Allison)
June 18, 2012 Filing 380 Answer to # 371 Amended complaint,, filed by Woodbridge Foam Corporation. (Kop, Allison)
June 18, 2012 Filing 379 Answer to # 371 Amended complaint,, filed by Future Foam, Inc.. (Blinn, Meghan)
June 11, 2012 Filing 378 Conditional Transfer Order (CTO-9) by the Judicial Panel on Multidistrict Litigation transferring 3 listed cases to the Northern District of Ohio on 6/11/12. (K,V)
June 7, 2012 Filing 377 Response to # 374 Motion for Approval of Proposed Program for Transmitting Notice of the Vitafoam Settlement and Domfoam Settlement to Members of the Proposed Settlement Classes (Redacted Version) filed by Carpenter Company, Carpenter Holdings, Inc., E. R. Carpenter, L.P., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Otto Bock Polyurethane Technologies, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lukitsch, Bethany)
June 7, 2012 Filing 376 SEALED Document: ( SEE EXHIBIT B) DOCUMENT IS DUPLICATE OF # 377 other than EXHIBIT B. Memorandum in Response filed by Carpenter Company, Carpenter Holdings, Inc., E. R. Carpenter, L.P., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Otto Bock Polyurethane Technologies, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 42 , # 374 . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lukitsch, Bethany), Modified on 6/8/2012 (C,D).
May 30, 2012 Filing 375 Notice of Service of Subpoena filed by Indirect Purchaser Class. (Attachments: # 1 Exhibit Subpoena, # 2 Exhibit Subpoena, # 3 Exhibit Subpoena, # 4 Exhibit Subpoena, # 5 Exhibit Subpoena, # 6 Exhibit Subpoena, # 7 Exhibit Subpoena, # 8 Exhibit Subpoena, # 9 Exhibit Subpoena, # 10 Exhibit Subpoena, # 11 Exhibit Subpoena, # 12 Exhibit Subpoena)(Miller, Marvin)
May 21, 2012 Filing 374 Motion for Approval of Proposed Program for Transmitting Notice of the Vitafoam Settlement and Domfoam Settlement to Members of the Proposed Settlement Classes filed by Plaintiff Direct Purchaser Class. (Attachments: # 1 Brief in Support, # 2 Exhibit A - Proposed Notice, # 3 Exhibit B - Proposed Claim Form, # 4 Exhibit C - Proposed Publication Notice, # 5 Exhibit D - Declaration of Jeanne Finegan, # 6 Exhibit E - Orders re Notice to Settlement Class, # 7 Exhibit F - Approved Claim Forms, # 8 Exhibit G - Orders re Customer Lists, # 9 Certificate of Service)(Wolfson, Adam)
May 17, 2012 Opinion or Order Filing 373 Order approving re # 372 Stipulation for extension of time. This Stipulation shall have no effect whatsoever on relevant dates for discoveryor the dates set forth in the Courts March 26, 2012 Amended Scheduling Order. Judge Jack Zouhary on 5/17/12. (C,D)
May 17, 2012 Filing 372 Proposed Stipulation filed by Carpenter Company, FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Indirect Purchaser Class, Indirect Purchasers, Leggett & Platt, Inc., Mohawk Industries, Inc., Otto Bock Polyurethane Technologies, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Ryan, Peter)
May 7, 2012 Filing 371 Corrected Second Amended complaint against Carpenter Canada Co., Carpenter Company, Carpenter Holdings, Inc., David Carson, Louis Carson, FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Otto Bock Polyurethane Technologies, Inc., Scottdel, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Group, Woodbridge Sales & Engineering, Inc. Filed by Indirect Purchaser Plaintiffs. (Miller, Marvin) Modified on 6/19/2012 (S,R).
April 30, 2012 Filing 370 Second Amended Class Action Complaint against Carpenter Company, David Carson, Louis Carson, Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Scottdel, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Group, Woodbridge Sales & Engineering, Inc. and adding new party plaintiff(s) Driftwood Hospitality Management. Filed by Indirect Purchaser Class, Indirect Purchasers. (Miller, Marvin) Modified on 5/1/2012 (S,R).
April 16, 2012 Filing 369 Conditional Transfer Order (CTO-8) by Judicial Panel on Multidistrict Litigation transferring 5 Northern District of Mississippi cases to the Northern District of Ohio on 4/16/12. (R,Sh)
April 3, 2012 Filing 368 Transcript of Telephone Conference held on 3/23/12 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-213-5520. [21 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 4/10/2012. Redaction Request due 4/24/2012. Redacted Transcript Deadline set for 5/4/2012. Release of Transcript Restriction set for 7/2/2012. Related document(s) # 360 . (S,Tr)
April 2, 2012 Opinion or Order Filing 367 Order of dismissal of defendants Domfoam International Inc. and Valle Foam Industries (1995) Inc. without prejudice, each side to bear its own attorneys fees and costs # 366 . Judge Jack Zouhary (MDL2196) on 4/2/2012. (S,J)
March 30, 2012 Filing 366 Stipulation for Dismissal, Without Prejudice, of the Sealy Plaintiffs' Claims Against Defendants Domfoam and Valle Foam (1:11-pf-10007) filed by La-Z-Boy Incorporated, National Bedding Company, Sealy Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: # 1 Exhibit Proposed Order)(Blechman, William) Modified on 4/2/2012 (S,R).
March 30, 2012 Opinion or Order Filing 365 Order of dismissal without prejudice of the Plaintiffs in 3:12-pf-10002 claims against defendants Domfoam and Valle Foam. re # 359 . Judge Jack Zouhary on 3/30/2012. (S,R)
March 30, 2012 Filing 364 Marginal Order granting Stipulation for Dismissal without prejudice of Indirect Purchaser Plaintiffs' claims against defendants Domfoam and Valle Foam. re # 358 . Judge Jack Zouhary on 3/30/2012. (S,R)
March 30, 2012 Opinion or Order Filing 363 Order of Dismissal, without prejudice, of Factory Direct's claims against defendants Domfoam and Valle Foam. re # 357 . (1:11-pf-10011) Judge Jack Zouhary on 3/30/2012. (S,R)
March 30, 2012 Opinion or Order Filing 362 Order of dismissal without prejudice of the Direct Purchaser plaintiff's claims against defendants Domfoam and Valle Foam pursuant to Rule 41. re # 356 . Judge Jack Zouhary on 3/30/2012. (S,R)
March 30, 2012 Opinion or Order Filing 361 Stipulation and Order of dismissal of defendant Plastomer Corporation without prejudice pursuant to FRCP 41(a)(1)(A)(ii). re # 348 . Judge Jack Zouhary on 3/30/2012. (S,R)
March 29, 2012 Filing 360 Expedited Non-Appeal Transcript Order Form for proceedings held on 3/23/12 before Judge Zouhary, Court Reporter: Spore. Requested completion date: 3/30/12 filed by Direct Action Plaintiff(s). (Willett, Melissa)
March 28, 2012 Filing 359 Joint Proposed Stipulation For Dismissal, Without Prejudice of Genesis Furniture Industries and Ultra Comfort Foam Company, Inc.'s Claims Against Domfoam and Valle Foam filed by Plaintiffs in 3:12-pf-10002, Genesis Furniture Industries, Ultra Comfort Foam Company, Inc. (Attachments: # 1 Exhibit 1-Proposed Order of Dismissal)(Deaton, Chris) Modified on 3/30/2012 (S,R).
March 28, 2012 Filing 358 Proposed Stipulation For Dismissal, Without Prejudice, Of The Plaintiffs' Claims Against Defendants Domfoam and Valle Foam filed by Indirect Purchasers. (Miller, Marvin)
March 27, 2012 Filing 357 Joint Proposed Stipulation for Dismissal, Without Prejudice, of Factory Direct's Claims Against Domfoam and Valle Foam (re: 1:11-pf-10011) filed by Domfoam International, Inc., Factory Direct Inc, Valle Foam Industries, Inc. (Attachments: # 1 Exhibit 1 - Proposed Order of Dismissal)(Elder, David) Modified on 3/28/2012 (S,R).
March 27, 2012 Filing 356 Proposed Stipulation For Dismissal, Without Prejudice, of the Plaintiffs' Claims Against Defendants Domfoam and Valle Foam filed by Direct Action Plaintiff(s). (Attachments: # 1 Proposed Order)(Willett, Melissa)
March 26, 2012 Opinion or Order Filing 355 Order : The settlements are preliminarily approved. Final determination of class certification and the ultimate fairness of these settlements will occur at a later date if and when this Court approves Plaintiffs' notice and distribution plans, and after potentially affected parties have had the opportunity to object and be heard (re # 344 # 343 ) Judge Jack Zouhary on 3/26/12. (C,D)
March 26, 2012 Filing 354 Amended Scheduling Order : Status Conference held on 3/23/12 Time: 30 minutes. Judge Jack Zouhary on 3/26/12. Please see order for full details.(C,D)
March 22, 2012 Filing 353 Notice of Appearance of Coounsel by Christina A. Laciak filed on behalf of British Vita Unlimited, Vitafoam Products Canada Limited, Vitafoam, Inc. (S,R)
March 21, 2012 Filing 352 Memorandum of Law in support of certain defendants' response to and request for stay of direct and indirect purchasers' motions for preliminary approval of settlement filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Otto Bock Polyurethane Technologies, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 344 , # 343 . (Lukitsch, Bethany)
March 21, 2012 NOTICE. [non-document] Due to an attorney conflict, the Phone Conference set for 3/23/12 is vacated and reset for 3/26/12 at 11:00 AM (EDT) before Judge Jack Zouhary. Counsel are instructed to use the same call-in information. (S,Na)
March 21, 2012 NOTICE [non-document] Due to another attorney conflict, the Phone Conference set for 3/26/12 is vacated and reset for 3/23/12 at 4:00 PM before Judge Jack Zouhary. Counsel are instructed to use the same call-in information. (S,Na)
March 20, 2012 Opinion or Order Filing 351 ORDER. Phone Conference set for 3/23/12 at 3:00 PM before Judge Jack Zouhary to review pending motions. Counsel instructed to call (888) 453-4405, Pass Code 342294. Prior to phone conference, counsel shall provide Court with a "roll call" of those persons attending the conference. See Order for further details. Judge Jack Zouhary on 3/20/12. (S,Na)
March 19, 2012 Filing 350 Notice of Appearance of Allison S. Thompson and Matthew L.J.D. Dowell filed on behalf of Mohawk Industries, Inc. (Fenby, Erica) Modified on 3/20/2012 (S,R).
March 16, 2012 Filing 349 ENTERED IN ERROR Answer to Complaint with Jury Demand to Direct Action Non-Class Plaintiff's Complaint filed by Flexible Foam Products, Inc.. (Millard, Kendall) Modified on 3/19/2012 (Attorney to refile answer in case 3:12pf10003) (S,J).
March 15, 2012 Filing 348 Notice of Dismissal Under FRCP 41(a)(1) of Defendant Plastomer Corporation filed by Direct Purchaser Class. (Wolfson, Adam)
March 13, 2012 Filing 347 Joint Notice of Discovery Dispute Joint Submission of Dispute By Direct Action Plaintiffs and Defendants Concerning Post-Fact Discovery Pretrial Milestones in the Joint Scheduling Order filed by Carpenter Company, Direct Action Plaintiff(s), FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Otto Bock Polyurethane Technologies, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Attachments: # 1 Exhibit 1 - Stipulation and Proposed Amended Joint Scheduling Order, # 2 Exhibit 2 - Excerpts of Transcript of 4/17/11 Status Conference Before Judge Zouhary)Related document(s) # 345 .(Blechman, William)
March 9, 2012 Filing 346 Notice of Service of Subpoena - Jorge Canamero filed by Direct Purchaser Class. (Attachments: # 1 Exhibit 1)(Gosselin, Sathya)
March 8, 2012 Filing 345 Proposed Stipulation and Proposed Amended Joint Scheduling Order filed by Direct Purchaser Class. (Wolfson, Adam)
March 7, 2012 Filing 344 Motion Preliminary Approval of Settlement with Domfoam International, Inc., Valle Foam Industries (1995) Inc. and A-Z Sponge & Foam Products Ltd. and Certain Individuals filed by Plaintiff Indirect Purchaser Class. (Attachments: # 1 Brief in Support of Preliminary Approval of Settlement with Domfoam International, Inc. etc., # 2 Exhibit A - Voluntary Dismissal and Settlement Agreement, # 3 Exhibit B - Proposed Order Preliminarily Approving Settlement, # 4 Exhibit C - Indictment, # 5 Exhibit D - Statement of Admissions, # 6 Exhibit E - Sentencing Submission, # 7 Exhibit F - Application Record and Initial Order, # 8 Exhibit G - Order Granting Provisional Relief in U.S. Bankruptcy Court, # 9 Exhibit H - Notice of Extension of Stay and Order Granting Same)(Miller, Marvin)
March 7, 2012 Filing 343 Motion for Preliminary Approval of Voluntary Dismissal and Settlement Agreement with defendants Domfoam International Inc., Valle Foam Industries (1995) Inc., A-Z Sponge & Foam Products Ltd. and Individual Settling Parties filed by Plaintiff Direct Action Plaintiff(s). (Attachments: # 1 Brief in Support, # 2 Exhibit A - Settlement Agreement, # 3 Exhibit B - Order Granting Recognition of Foreign Main Proceedings & Other Chapter 15 Relief, # 4 Exhibit C - Order Preliminarily Approving Proposed Settlement, # 5 Exhibit D - Order Preliminarily Approving Proposed Settlement, # 6 Proposed Order)(Willett, Melissa) Modified on 3/7/2012 (S,R).
March 2, 2012 Filing 342 Notice of Change of Firm Affiliation for Seth R. Gassman filed by Direct Purchaser Class. (Gassman, Seth)
March 1, 2012 Filing 341 Stipulation & Order Extending the deadline for adding additional parties to March 8, 2012, without prejudice to any party's position as to whether a further extension is or is not warranted. re # 340 . Judge Jack Zouhary on 3/1/12. (C,D)
February 29, 2012 Filing 340 Proposed Stipulation Regarding Extension of deadline to add parities filed by Direct Purchaser Class. (Wolfson, Adam) Modified on 3/1/2012 (S,R).
February 27, 2012 Filing 339 Notice of Extension of Stay filed by Domfoam International, Inc., Valle Foam Industries, Inc.. (Attachments: # 1 Exhibit A- 02-24-12 Order)(Silver, Elliot)
February 24, 2012 Filing 338 True copy of order from the USCA for the Sixth Circuit: Granting the motion to dismiss the appeal re # 289 (USCA# 11-4118). Circuit Judges: Merritt, Rogers and Donald. Date issued by USCA 2/23/12 (H,SP)
February 17, 2012 Filing 337 Transcript of Phone Conference held on February 10, 2012 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [41 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 2/24/2012. Redaction Request due 3/9/2012. Redacted Transcript Deadline set for 3/19/2012. Release of Transcript Restriction set for 5/17/2012. (N,A)
February 15, 2012 Filing 336 Non-Appeal Transcript Order Form for proceedings held on February 10, 2012 before Judge Zouhary, Court Reporter: Nixon. Requested completion date: February 29, 2012 filed by Indirect Purchaser Class. (Kerger, Richard)
February 15, 2012 Opinion or Order Filing 335 Stipulation and Order (re # 328 ). Judge Jack Zouhary (MDL2196) on 2/15/12. (C,D)
February 15, 2012 Opinion or Order Filing 334 Order Denying as Moot without prejudcie (re # 313 ) Stipulation And Motion To Suspend Litigation Against Domfoam International, Inc. And Valle Foam Industries (1995) Inc.. Judge Jack Zouhary (MDL2196) on 2/15/12. (C,D)
February 15, 2012 Opinion or Order Filing 333 Order Denying as Moot without prejudice (re # 312 ) Stipulation And Motion To Suspend Litigation Against Domfoam International, Inc. And Valle Foam Industries (1995) Inc. Judge Jack Zouhary on 2/15/12. (C,D)
February 13, 2012 Filing 332 Minute Order of Status Conference held on 2/10/12 Time: 1 hourPlease see order for full details. Judge Jack Zouhary on 2/13/12. (C,D)
February 8, 2012 Filing 331 Notice of Extension of Stay filed by Domfoam International, Inc., Valle Foam Industries, Inc.. (Attachments: # 1 Exhibit A - Order, # 2 Exhibit B - Order)(Silver, Elliot)
February 7, 2012 Filing 330 Letter to Judge Zouhary enclosing copy of January 10, 2012 Order from Kansas Court filed by Direct Action Plaintiff(s), Direct Purchaser Class, Indirect Purchaser Class. (Blechman, William)
February 6, 2012 Filing 329 Notice of Appearance Gregory H. Revera and M. Paul Killian filed on behalf of L & J Products and Sales, Inc., Florida Foam and Sales Inc. and NY Foam and Sales Inc. (Killian, M.) Modified on 2/15/2012 (S,R).
February 3, 2012 Filing 328 FILING ERROR. Duplicate of pleading #4 in case 1:12pf10002. Proposed Stipulation and Order filed by Crest Foam Industries, Inc., Genesis Furniture Industries, Inoac Corp., Inoac International Co., Ltd., Inoac USA Inc., Ohio Decorative Products, Inc., Ultra Comfort Foam Company, Inc. (Iwrey, Howard) Modified on 2/15/2012 (S,R).
February 2, 2012 Opinion or Order Filing 327 Order Status Telephone Conference set for 2/10/2012 at 03:30 PM in to be held telephonically before Judge Jack Zouhary (MDL2196). Counsel are instructed to call (888) 453-4405 Code 342294. Counsel shall also provide thisCourt with a roll call of those persons attending the conference by e-mail toZouhary_Chambers@ohnd.uscourts.gov by Thursday, February 9, 2012. Please see order for full details. Judge Jack Zouhary on 2/2/12. (C,D)
January 30, 2012 Filing 326 Marginal Entry Order granting Consent Motion to withdraw attorneys Patrick M. McLaughlin and Dennis P. Zapka as to plaintiff J&S Packaging, Inc. (Related Doc # 325 ). Judge Jack Zouhary on 1/30/12.(S,R)
January 27, 2012 Filing 325 Consent Motion by Patrick M. McLaughlin and Dennis P. Zapka to withdraw as counsel filed on behalf of J&S Packaging, Inc. (McLaughlin, Patrick) Modified on 1/30/2012 (S,R).
January 27, 2012 Filing 324 Suggestion of Bankruptcy and Applicability of Order for Provisional Relief filed by Domfoam International, Inc., Valle Foam Industries, Inc. (Attachments: # 1 Exhibit A: Order for Provisional Relief)(Silver, Elliot) Modified on 1/30/2012 (S,R).
January 23, 2012 Opinion or Order Filing 323 Order granting in part and denying in part Plaintiffs' Motion (Related Doc # 293 ). Plaintiffs may submit their proposed notice and distribution plan to Court for review and approval. Furthermore, Court finds that proposed settlement falls within range of possible approval, does not disclose grounds to doubt its fairness, includes no obvious deficiencies, and is therefore preliminarily approved. Final determination of class certification and ultimate fairness of settlement will occur at a later date if and when Court approves Plaintiffs notice and distribution plan, and after potentially affected parties have been given the chance to object and be heard. Magistrate Judge James R. Knepp, II on 1/23/12.(A,P)
January 20, 2012 Filing 322 Response To Proposed Stipulations And Motions To Suspend Litigation Against Domfoam International, Inc. And Valle Foam Industries (1995) Inc. filed by Carpenter Company, Carpenter Holdings, Inc., E. R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Otto Bock Polyurethane Technologies, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 316 , # 311 , # 313 , # 312 , # 314 . (Lukitsch, Bethany)
January 18, 2012 Filing 321 Conditional Transfer Order (CTO-7) by the Judicial Panel on Multidistrict Litigation transferring 2 listed Northern District of Mississippi cases to the Northern District of Ohio. (S,R)
January 18, 2012 Filing 320 Notice of Withdrawal of firm Meredith Cohen Greenfogel & Skirnick filed by Stroud Group, Inc. (S,R)
January 18, 2012 Filing 319 Notice of Appearance by Steven J. Greenfogel filed by on behalf of Stroud Group, Inc. (S,R)
January 18, 2012 Filing 318 Notice of Appearance by Joel C. Meredith filed on behalf of Stroud Group, Inc. (S,R)
January 13, 2012 Minutes of Settlement Hearing [non-document] held on 1/11/12 before Magistrate Judge James R. Knepp, II. Transcript reflects all counsel present. Arguments heard on Direct Purchaser Class Plaintiffs Motion for Preliminary Approval of Settlement with Vitafoam, Inc. and Vitafoam Products Canada, Ltd. [Doc. 293]. Matter taken under advisement. (Court Reporter: Tracy Spore.)Time: 2 hours. (A,P)
January 12, 2012 Filing 317 Transcript of Settlement Hearing held on 1/11/12 before Judge James R. Knepp, II. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-392-6626. [82 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/19/2012. Redaction Request due 2/2/2012. Redacted Transcript Deadline set for 2/13/2012. Release of Transcript Restriction set for 4/11/2012. (S,Tr)
January 11, 2012 Filing 316 FILING ERROR Proposed Stipulation And Motion To Suspend Litigation Against Domfoam International, Inc. And Valle Foam Industries (1995) Inc. filed by Domfoam International, Inc., Valle Foam Industries, Inc.(See 1:11pf10001, document number 17) (Silver, Elliot) Modified on 1/12/2012 (S,J).
January 11, 2012 Filing 315 Notice of Appearance of Counsel by Kate S. McMillan filed on behalf of Vitafoam Products Canada Limited, Vitafoam, Inc. (S,R)
January 10, 2012 Filing 314 FILING ERROR Proposed Stipulation And Motion To Suspend Litigation Against Domfoam International, Inc. And Valle Foam Industries (1995) Inc. filed by Domfoam International, Inc., Valle Foam Industries, Inc.(See 1:11pf10011, document number 59) (Silver, Elliot) Modified on 1/12/2012 (S,J).
January 10, 2012 Filing 313 Proposed Stipulation And Motion To Suspend Litigation Against Domfoam International, Inc. And Valle Foam Industries (1995) Inc. filed by Domfoam International, Inc., Valle Foam Industries, Inc.. (Silver, Elliot)
January 10, 2012 Filing 312 Proposed Stipulation And Motion To Suspend Litigation Against Domfoam International, Inc. And Valle Foam Industries (1995) Inc. filed by Domfoam International, Inc., Valle Foam Industries, Inc.. (Silver, Elliot)
January 10, 2012 Filing 311 FILING ERROR Proposed Stipulation And Motion To Suspend Litigation Against Domfoam International, Inc. And Valle Foam Industries (1995) Inc. filed by Domfoam International, Inc., Valle Foam Industries, Inc. (See case 1:11md10007 document number 26) (Silver, Elliot) Modified on 1/12/2012 (S,J).
January 5, 2012 Filing 310 Conditional Transfer Order (CTO-6) by the Judicial Panel on Multidistrict Litigation transferring Northern District of Texas case no. 3:11-3372 (Corsicana Bedding, Inc et al v. Hickory Springs Mfg. Company et al) to the Northern District of Ohio. (S,R)
December 29, 2011 Filing 309 FILING ERROR. Duplicate of entry #15 in 3:11pf10001. Motion for extension of time until January 13, 2012 to to respond to Consolidated Bedding's Motion to Intervene and Add Party Plaintiff filed by Spring Air International LLC. (Avery, Vanessa) Modified on 12/30/2011 (S,R).
December 29, 2011 Opinion or Order Filing 308 Order Hearing on Direct Purchaser Plaintiffs' Motionfor Preliminary Approval of Settlement (Doc. No. # 293 ) set for 1/11/2012 at 10:00 AM in Courtroom 204 before Magistrate Judge James Knepp. Counsel shall also provide the Court (by e-mail to Knepp_chambers@ohnd.uscourts.gov) by January 9, 2012) with a roll call of those persons attending the conference. Judge Jack Zouhary on 12/29/11. (C,D)
December 8, 2011 Filing 307 Transcript of Phone Conference held on November 18, 2011 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [56 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/15/2011. Redaction Request due 12/29/2011. Redacted Transcript Deadline set for 1/9/2012. Release of Transcript Restriction set for 3/7/2012. (N,A)
December 5, 2011 Filing 306 Reply Memorandum in support of Direct Purchasers' # 293 Motion for Preliminary Approval filed by Direct Purchaser Class. (Neuwirth, Stephen) Modified on 12/6/2011 (S,R).
December 5, 2011 Filing 305 Statement in support of Direct Purchaser Class Plaintiffs' # 293 Motion for preliminary approval. filed by Vitafoam Products Canada Limited, Vitafoam, Inc. (Coleman, Timothy) Modified on 12/6/2011 (S,R).
November 21, 2011 Filing 304 Minute Order of Status Conference held on 11/21/11 Time: 1hour 30 minutes. Plaintiffs shall obtain approval from the Kansas court for release of documents under seal and for potential use in the litigation pending in this Court. Second, if the Kansas court approves of this Courts access to those documents, this Court will address whether those documents are appropriate for release (and to whom) pursuant to the guidelines of Federal Civil Rule 26(b). Judge Jack Zouhary on 11/21/11. (C,D)
November 18, 2011 Filing 303 Expedited Non-Appeal Transcript Order Form for proceedings held on 11/18/11 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 11/25/11 filed by Direct Action Plaintiff(s). (Willett, Melissa)
November 17, 2011 Filing 302 Conditional Transfer Order (CTO-5) by Judicial Panel on Multidistrict Litigation transferring 5 Northern District of Mississippi cases to the Northern District of Ohio. (S,R)
November 14, 2011 Filing 301 Memorandum of Law in support of response and request for stay of Direct Purchasers' # 293 Motion for preliminary approval of settlement filed by Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Leggett & Platt, Inc., Mohawk Industries, Inc., Otto Bock Polyurethane Technologies, Inc., Plastomer Corp., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (Lukitsch, Bethany) Modified on 11/15/2011 (S,R).
November 11, 2011 Filing 300 Notice of Service of Subpoena on Advanced Urethane Technologies, Inc. filed by Direct Action Plaintiff(s). (Blechman, William)
November 2, 2011 Filing 299 Notice of Service of Subpoena to Produce Documents filed by Direct Purchaser Class. (Attachments: # 1 Exhibit 1 (Subpoena Directed to Olympic Products LLC))(Gosselin, Sathya)
November 2, 2011 Filing 298 Notice of Filing Corrected Exhibit filed by Direct Purchaser Class. (Attachments: # 1 Exhibit A- Vitafoam Settlement Agreement)Related document(s) # 293 .(Willett, Melissa)
November 2, 2011 Filing 297 Notice of Service of Subpoena to Produce Documents filed by Direct Purchaser Class. (Attachments: # 1 Exhibit 1 (Subpoena Directed to Stan Yukevich))(Gosselin, Sathya)
November 1, 2011 Filing 296 Notice of Service of Subpoena to Preserve Documents filed by Direct Purchaser Class. (Attachments: # 1 Exhibit 1 (Subpoena Directed to Jerry Hightower))(Gosselin, Sathya)
November 1, 2011 Filing 295 Notice of Service of Subpoena to Preserve Documents filed by Direct Purchaser Class. (Attachments: # 1 Exhibit 1 (Preservation Subpoena Directed to Jorge Canamero))(Gosselin, Sathya)
October 28, 2011 Filing 294 Notice of Service of Subpoena to Preserve Documents filed by Direct Purchaser Class. (Attachments: # 1 Exhibit 1 (Subpoena Directed to Daniel Holsenbeck))(Gosselin, Sathya)
October 27, 2011 Filing 293 Motion for preliminary approval of settlement with Vitafoam, Inc. and Vitafoam Products Canada Limited filed by Plaintiff Direct Purchaser Class. (Attachments: # 1 Brief in Support Memo In Support of Motion for Preliminary Approval, # 2 Exhibit A - Coleman Settlement Agreement, # 3 Exhibit B - In Re Scrapmetal Preliminary Approval Order, # 4 Exhibit C - In Re Scrapmetal (Bluestar) Order, # 5 Proposed Order Granting Preliminary Approval)(Willett, Melissa) Modified on 10/28/2011 (S,R).
October 27, 2011 Filing 292 Notice of Service of Subpoena to Produce Documents filed by Direct Purchaser Class. (Attachments: # 1 Exhibit 1 (Subpoena Directed to Nikki Walborn))(Gosselin, Sathya)
October 20, 2011 Filing 291 Acknowledgment from the USCA for Sixth Circuit of receipt of # 289 Notice of Appeal (USCA# 11-4118). Date filed in USCA 10/20/11. (H,SP)
October 18, 2011 USCA Appeal Fees of $455 received, receipt number 14660048186 re # 289 Notice of Appeal (H,SP)
October 17, 2011 Filing 290 Attorney Appearance by Hilary K. Scherrer filed by on behalf of Piazza's Carpet & Tile Shop, Inc. (K,V)
October 14, 2011 Filing 289 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the # 243 Memorandum Opinion and Order of 9/15/11 and from the # 191 Order of 7/19/11, filed by FXI-Foamex Innovations, Inc. Filing fee paid 10/18/11, receipt#14660048186 (Coller, F.) Modified on 10/17/2011 (M,L). Modified text on 10/18/2011 (H,SP). Modified for fee on 10/18/2011 (H,SP).
October 13, 2011 Filing 288 Stipulated Order of Dismissal of Defendant Ohio Decorative Products (re # 287 ). Judge Jack Zouhary on 10/13/11. (C,D)
October 7, 2011 Filing 287 Letter to Judge Zouhary enclosing Stipulation and Order of Dismissal against Ohio Decorative Products filed by Factory Direct Inc, La-Z-Boy Incorporated, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Blechman, William)
October 7, 2011 Filing 286 Notice of Appearance by Michael Hoernlein filed on behalf of Hickory Springs Manufacturing Company. (Adams, Heather) Modified on 10/20/2011 (S,R).
October 5, 2011 Filing 285 Attorney Appearance by William V. Reiss filed on behalf of Ace Foam, Inc.(S,R)
October 4, 2011 Filing 284 Notice of Change of Address filed by Carpeteria Markarian Co.. (Kalfayan, Ralph)
September 28, 2011 Opinion or Order Filing 283 Stipulation and Order re # 204 , # 263 Direct Purchaser and Indirect Purchaser Class Plaintiffs and Crest Foam Industries, Inc., Inoac USA, Inc., Ohio Decorative Products, Inc., Inoac Corp., and Inoac International (Stipulating Parties), hereby stipulate pursuant to Fed. R. Civ. 41(a)(1)(A)(ii) to a dismissal of Stipulating Parties without prejudice. SEE ORDER FOR FULL DETAILS. Judge Jack Zouhary on 9/28/11. (C,D)
September 27, 2011 Opinion or Order Filing 282 Order granting # 230 Joint Motion for entry of Clerk's Default against Defendant Scottdel, Inc. Judge Jack Zouhary on 9/27/11. (C,D)
September 26, 2011 Filing 281 Answer to Direct Purchaser Plaintiffs' Consolidated Amended Class Action Complaint filed by Woodbridge Foam Fabricating, Inc. Related document(s) # 46 . (Kop, Allison) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 280 Answer to Indirect Purchaser Plaintiffs' # 52 Consolidated Amended Class Action complaint filed by Woodbridge Foam Corporation. (Kop, Allison) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 279 Answer to # 52 Amended complaint filed by Woodbridge Sales & Engineering, Inc.. (Kop, Allison)
September 26, 2011 Filing 278 Answer to # 52 Amended complaint filed by Woodbridge Foam Fabricating, Inc.. (Kop, Allison)
September 26, 2011 Filing 277 Answer to Direct Purchaser Plaintiffs' # 46 Consolidated Amended Class Action Complaint filed by Woodbridge Foam Corporation. (Kop, Allison) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 276 Answer to Direct Purchaser Plaintiffs' # 46 Consolidated Amended Class Action Complaint filed by Woodbridge Sales & Engineering, Inc. (Kop, Allison) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 275 Answer to Indirect Purchaser Plaintiffs' # 52 Consoldated Amended Class Action Complaint filed by Vitafoam Products Canada Limited, Vitafoam, Inc. (Coleman, Timothy) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 274 Answer to Direct Purchaser Plaintiffs' # 46 Consolidat Amended Class Action Complaint filed by Vitafoam Products Canada Limited, Vitafoam, Inc. (Coleman, Timothy) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 273 Answer to Indirect Purchaser Plaintiffs' # 52 Consolidated Amended Class Action Complaint with Jury Demand filed by Domfoam International, Inc., Valle Foam Industries, Inc. (Silver, Elliot) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 272 Answer to Direct Purchaser Plaintiffs' # 46 Consolidated Amended Class Action Complaint with Jury Demand filed by Domfoam International, Inc., Valle Foam Industries, Inc. (Silver, Elliot) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 271 Answer filed by FXI-Foamex Innovations, Inc.. Related document(s) # 46 . (Newell, Francis)
September 26, 2011 Filing 270 Answer and Affirmative Defenses to the Indirect Purchaser Plaintiffs' Consolidated Amended Class Action Complaint filed by FXI-Foamex Innovations, Inc. Related document(s) # 52 . (Newell, Francis) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 269 Answer and Affirmative Defenses to Direct Purchaser Plaintiffs' # 46 Consolidated Amended Class Action Complaint filed by Mohawk Industries, Inc. (Bonder, Teresa) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 268 Answer and Affirmative Defenses to Indirect Purchaser Plaintiffs' # 52 Consolidated Amended Complaint filed by Hickory Springs Manufacturing Company. (McGuire, Matthew) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 267 Answer to Indirect Purchaser Plaintiffs' # 52 Consolidated Amended Complaint filed by Mohawk Industries, Inc. (Bonder, Teresa) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 266 Answer and Affirmative Defenses to Direct Purchaser Plaintiffs' # 46 Consolidated Amended Class Action Complaint filed by Hickory Springs Manufacturing Company. (McGuire, Matthew) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 265 Answer to Direct Purchaser Plaintiffs' # 46 Consolidated Amended Class Action Complaint filed by E.R. Carpenter, L.P. Related document(s) # 46 . (Lukitsch, Bethany) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 264 Answer to Direct Purchaser Plaintiffs' # 46 Consolidated - Amended Class Action Complaint filed by Carpenter Holdings, Inc. Related document(s) # 46 . (Lukitsch, Bethany) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 263 Proposed Stipulation and Order of dismissal of defendants Inoac USA Inc., Crest Foam Industries, Inc., Inoac Corp., Inoac International and Ohio Decorative Products, Inc. filed by All Plaintiffs. (Willett, Melissa) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 262 Answer to Direct Purchaser Plaintiffs' # 46 Consolidated Amended Class Acion Complaint filed by Carpenter Company. (Lukitsch, Bethany) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 261 Answer to Indirect Purchaser Plaintiffs' # 52 Consolidated Amended Complaint with Jury Demand filed by Otto Bock Polyurethane Technologies, Inc. (Duncan, Richard) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 260 Answer to Indirect Purchaser Plaintiffs' # 52 Consolidated Amended complaint filed by Carpenter Company. (Lukitsch, Bethany) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 259 Answer to Direct Purchaser Plaintiffs' # 46 Consolidated Amended Class Action Complaint with Jury Demand filed by Otto Bock Polyurethane Technologies, Inc. (Duncan, Richard) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 258 Answer to Indirect Purchaser Plaintiffs' # 52 Consolidate Amended Class Action Complaint filed by Future Foam, Inc. (Blinn, Meghan) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 257 Answer to Direct Purchaser Plaintiffs' # 46 Consolidated Amended Class Action Complaint filed by Future Foam, Inc. (Blinn, Meghan) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 256 Answer to Indirect Purchaser Plaintiffs' # 52 Consolidated Amended complaint filed by Leggett & Platt, Inc. (Novion, Laurie) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 255 Answer to Direct Purchaser Plaintiffs' # 46 Consolidated Amended Class Action Complaint filed by Leggett & Platt, Inc. (Novion, Laurie) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 254 Answer and affirmative defenses to Direct Purchaser Plaintiffs' # 52 Consolidated Amended Class Action Complaint filed by Flexible Foam Products, Inc. (Millard, Kendall) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 253 Answer and Affirmative Defenses to Direct Purchaser Plaintiffs' to # 46 Consolidated Amended Class Action Complaint filed by Flexible Foam Products, Inc. (Millard, Kendall) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 252 Answer and defenses to Direct Purchaser Plaintiffs' # 46 Consolidated Amended Class Action Complaint with Jury Trial filed by Plastomer Corp. (Klein, Sheldon) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 251 Answer and affirmative and other defenses to # 52 Indirect Purchaser Plaintiffs' Consolidated Amended Class Action Complaint with Jury Demand filed by Plastomer Corp. (Klein, Sheldon) Modified on 9/27/2011 (S,R).
September 26, 2011 Filing 250 Memorandum in Response to # 230 Plaintiffs' Joint Motion for Entry of Clerk's Default Against Defendant Scottdel, Inc. filed by Carpenter Company, Carpenter Holdings, Inc., Crest Foam Industries, Inc., Domfoam International, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Inoac USA Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Ohio Decorative Products, Inc., Otto Bock Polyurethane Technologies, Inc., Plastomer Corp., Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (Lukitsch, Bethany) Modified on 9/27/2011 (S,R).
September 20, 2011 Filing 249 Amended Notice of Service of subpoena filed by Indirect Purchasers. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Conklin, Kimberly)
September 20, 2011 Filing 248 Notice of Appearance by Meegan F. Hollywood filed on behalf of Ace Foam, Inc.(S,R)
September 19, 2011 Filing 247 Subpoena Returned Executed; served upon Bruce Schoenberger, as registered agent for Scottdel Cushion, LLC by personal service on 09/16/2011 filed on behalf of All Plaintiffs (Conklin, Kimberly)
September 16, 2011 Filing 246 Notice of Service of SUBPOENA TO PRODUCE DOCUMENTS filed by Indirect Purchasers. (Attachments: # 1 Exhibit Subpoena William Scott Carson, # 2 Exhibit Subpoena Scottdel Cushion, LLC)(Conklin, Kimberly)
September 16, 2011 Opinion or Order Filing 245 Order Regarding Electronically Stored Information. Judge Jack Zouhary (MDL2196) on 9/16/11. (C,D)
September 15, 2011 Filing 244 Marginal Entry Order granting # 239 Motion for Extension of Time until September 26, 2011 to Answer. Judge Jack Zouhary on 9/15/11.(C,D)
September 15, 2011 Filing 243 Memorandum Opinion and Order Regarding Motions for Reconsideration (Re: # 202 # 203 and # 214 ) For the reasons set forth, the Motions for reconsideration and Certification for Immediate Appeal are denied. The Motion for Stay is also denied. Defendants request a Stay of these proceedings pending resolution of the ongoing government investigations of a potential price-fixing and customer allocation conspiracy. Plaintiffs have satisfied theirpleading burden, and discovery will proceed consistent with the DOJ agreement. Judge Jack Zouhary on 9/15/2011. (C,D)
September 15, 2011 Opinion or Order Filing 242 Order regarding Transactional Data Protocol. Judge Jack Zouhary on 9/15/11. (C,D)
September 15, 2011 Opinion or Order Filing 241 Order Regarding Discovery Protocols. Judge Jack Zouhary on 9/15/11. (C,D)
September 14, 2011 Opinion or Order Filing 240 Order This Court will conduct a phone conference on Thursday, September 15, 2011 at 9:30 a.m.(EDT) to review the status of pending motions. At that time, counsel are instructed to call (800) 423-1988, Pass Code 1551764. Prior to the phone conference, counsel shall provide the Court with a roll call of those persons attending the conference by e-mail to:Zouhary_Chambers@ohnd.uscourts.gov. (See order for full details) Judge Jack Zouhary on 9/14/11. (C,D)
September 13, 2011 Filing 239 Motion for extension of time until 7 days after the Court's resolution of the pending motions for reconsideration to answer the complaints filed by Carpenter Canada Co., Carpenter Company, Carpenter Holdings, Inc., Crest Foam Industries, Inc., Domfoam International, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Inoac USA Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Ohio Decorative Products, Inc., Otto Bock Polyurethane Technologies, Inc., Plastomer Corp., Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Lukitsch, Bethany)
August 18, 2011 Filing 238 Proposed Stipulation re Time to Answer or Otherwise Respond to Direct Purchaser and Indirect Purchaer Plaintiffs' Consolidated Amended Complaints filed by Inoac International Co., Ltd., Inoac USA Inc.. Related document(s) # 46 , # 52 .(Iwrey, Howard)
August 18, 2011 Filing 237 Notice of Time Period Under Rule 59(e) filed by FXI-Foamex Innovations, Inc.. (Ryan, Peter)
August 18, 2011 Filing 236 Marginal Entry Order granting Motion to withdraw as attorney, attorney Manuel John Dominguez; Scott William Weinstein; Martin L. White; Robert L. Burchette and Tucker H. Byrd removed from case. (Related Doc # 231 ). Judge Jack Zouhary on 8/18/11.(C,D)
August 18, 2011 Filing 235 Marginal Entry Order granting Motion for leave to file a reply. (Related Doc # 232 ) No further briefing from any party to be filed unless requested. Judge Jack Zouhary on 8/18/11.(C,D)
August 18, 2011 Filing 234 Former Receiver's Statement in Support of Request to be Removed from Electronic Notices. Related document(s) # 216 . (Attachments: # 1 Exhibit A -- Receiver Order, # 2 Exhibit B -- Judgment Entry of February 3, 2011, # 3 Exhibit Order of February 16, 2011, # 4 Exhibit D -- Receiver's Application, # 5 Exhibit E -- Order granting Receiver's Application)(Fugee, Patricia) Modified on 8/24/2011 (S,R).
August 17, 2011 Filing 233 Transcript of Oral Argument held on July 1, 2011 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [154 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 8/24/2011. Redaction Request due 9/7/2011. Redacted Transcript Deadline set for 9/19/2011. Release of Transcript Restriction set for 11/15/2011. (N,A)
August 17, 2011 Filing 232 Motion for leave to file reply to direct purchaser and indirect purchaser class plaintiffs' opposition to motions for reconsideration regarding fraudulent concealment filed by Carpenter Company, Crest Foam Industries, Inc., Domfoam International, Inc., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Inoac USA Inc., Mohawk Industries, Inc., Ohio Decorative Products, Inc., Plastomer Corp., Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 227 . (Attachments: # 1 Defendants' Reply Regarding Fraudulent Concealment, # 2 Exhibit 1 - In re Refrigerant Compressors Antitrust Litigation, 2011 WL 2433392 (E.D. Mich. June 13, 2011))(Silver, Elliot)
August 16, 2011 Filing 231 Motion by Manuel J. Dominguez, Robert L. Burchette, Martin L. White, Tucker H. Byrd, and Scott W. Weinstein to withdraw as attorney filed on behalf of Martin Furniture and Bedding, Inc. (Dominguez, Manuel) Modified on 8/24/2011 (S,R).
August 16, 2011 Filing 230 Joint Motion for entry of Clerk's Default against Defendant Scottdel, Inc. filed by Indirect Purchaser Plaintiffs, Direct Purchaser Plaintifss and Direct Action Plaintiffs. (Miller, Marvin) Modified on 8/24/2011 (S,R).
August 15, 2011 Opinion or Order Filing 229 Order : All Defendants are granted an additional thirty (30) days after entry of this Order to answer Class Plaintiffs respective Consolidated Amended Class Action Complaints ( re # 228 ). Judge Jack Zouhary on 8/15/11. (C,D)
August 15, 2011 Filing 228 Proposed Order on Stipulation Extending Time for Defendants Vitafoam, Inc. and Vitafoam Products Canada Limited to Answer Direct and Indirect Purchaser Plaintiffs' Consolidated Amended Class Action Complaints filed by Direct Purchaser Class, Indirect Purchaser Class, Vitafoam Products Canada Limited, Vitafoam, Inc.. Related document(s) # 46 , # 52 . (Coleman, Timothy)
August 12, 2011 Filing 227 Opposition to # 202 Motion for reconsideration of the Court's July 19, 2011 Order denying Defendants' motions to dismiss or, in the alternative, certification for immediate appeal under 28 U.S.C. 1292(B) or a stay of these civil actions , # 203 Motion for reconsideration Or, In The Alternative, Motion To Certify The Order For Immediate Appeal Under 28 U.S.C. 1292(B), filed by Direct Purchaser Class. (Wolfson, Adam)
August 12, 2011 Filing 226 Opposition to # 214 SEALED Motion for Reconsideration or, in the alternative, for Certification under 28 U.S.C. 1292(b) # 212 , # 191 filed by Direct Purchaser Class. (Attachments: # 1 Affidavit Declaration of Adam B. Wolfson)(Wolfson, Adam)
August 12, 2011 Filing 225 Supplemental Opposition to # 202 Motion for reconsideration of the Court's July 19, 2011 Order denying Defendants' motions to dismiss or, in the alternative, certification for immediate appeal under 28 U.S.C. 1292(B) or a stay of these civil actions Indirect Purchaser Plaintiffs' Supplemental Submission on State Claim Standing filed by Indirect Purchaser Class. (Miller, Marvin) Modified on 8/15/2011 (S,J).
August 12, 2011 Filing 224 Notice of Dismissal Under FRCP 41(a)(1) in Case 1:10-pf-10012 filed by General Merchandising and Supply, Inc., V&M, Inc.. (Esades, Vincent)
August 11, 2011 Filing 223 Response To Request of the Receiver for Defendant Scottdel, Inc. To Be Removed From Electronic Notices (re # 216 ) filed by Susan Gomez. (Miller, Marvin) Modified on 8/12/2011 (S,R).
August 10, 2011 Opinion or Order Filing 222 Order granting # 219 Motion for Joinder. As previously discussed with all counsel during a telephone status conference, when one party files a motion regarding a common issue, the motion will be treated as entered for all parties. Judge Jack Zouhary on 10/11/2011.(C,D)
August 8, 2011 Filing 221 Notice of Dismissal Under FRCP 41(a)(1) filed by plaintiff in 1:10-pf-10018, E.M. Brown, Inc. (Sweeney, Bonny) Modified on 8/9/2011 (S,R).
August 8, 2011 Filing 220 Attorney Appearance by Michael B. McHenry filed by on behalf of Foamco Sales, Inc., H.M. Richards, Inc., Houston Foam Fabricators, Inc., Legends, Inc., Prime Designs, Inc.. (McHenry, Michael)
August 6, 2011 Filing 219 Motion for joinder in Domfoam International Inc. and Valle Foam Industries (1995) Inc.s Motion and Memorandum in Support of Motion for Reconsideration or, in the alternative, Motion to Certify the Order for Immediate Appeal Under 28 U.S.C. 1292(b) filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 203 . (Kop, Allison)
August 5, 2011 Filing 218 Notice of Discovery Dispute Defendants' Response to Plaintiffs Position on Transactional Data Protocol filed by Carpenter Canada Co., Carpenter Company, Carpenter Holdings, Inc., Crest Foam Industries, Inc., Defendants Liaison Counsel, Domfoam International, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Inoac USA Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Ohio Decorative Products, Inc., Otto Bock Polyurethane Technologies, Inc., Plastomer Corp., Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Group, Woodbridge Sales & Engineering, Inc.. (Attachments: # 1 Exhibit Exhibit A Chart of Definitions in Plaintiffs' Complaints)Related document(s) # 207 , # 205 , # 217 , # 215 , # 206 .(Lukitsch, Bethany)
August 5, 2011 Filing 217 Notice of Discovery Dispute - Direct Action Plaintiffs' Clarification of Response to Defendants' Position Statement on the Transaction Data Protocol filed by La-Z-Boy Incorporated, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. Related document(s) # 205 .(Blechman, William)
August 5, 2011 Filing 216 Request to be Removed from Electronic Notices filed by Scottdel, Inc. (Fugee, Patricia) Modified on 8/5/2011 (S,R).
August 4, 2011 Filing 215 Response to Defendants' Position Statement on the Transactional Data Protocol filed by Direct Purchaser Class. (Wolfson, Adam) Modified on 8/5/2011 (S,R).
August 4, 2011 Filing 214 SEALED Motion for Reconsideration or, in the alternative, for Certification under 28 U.S.C. 1292(b) # 212 , # 191 filed by Defendant FXI-Foamex Innovations, Inc.. Related document(s) # 212 , # 191 . (Attachments: # 1 Brief in Support, # 2 Affidavit Declaration of Peter M. Ryan, # 3 Exhibit Exhibit A to the Declaration of Peter M. Ryan, # 4 Exhibit Exhibit B to the Declaration of Peter M. Ryan, # 5 Exhibit Exhibit 1 to the Memorandum of Law in Support of Motion, # 6 Exhibit Exhibit 2 to the Memorandum of Law in Support of Motion, # 7 Exhibit Exhibit 3 to the Memorandum of Law in Support of Motion)(Newell, Francis)
August 4, 2011 Opinion or Order Filing 213 Order Telephone Conference set for 8/8/2011 at 11:00 AM in to be held telephonically before Judge Jack Zouhary (MDL2196). Counsel are instructed to call the number provided in this order. Counsel shall also provide the Court with a roll call of those persons attending the conference by e-mail toZouhary_Chambers@ohnd.uscourts.gov. (See Order for Full Details) Judge Jack Zouhary on 8/4/11. (Attachments: # 1 Agenda)(C,D)
August 4, 2011 Filing 212 Marginal Entry Order granting Motion to file under seal motion for reconsideration (Related Doc # 209 ). Judge Jack Zouhary on 8/4/11.(C,D)
August 4, 2011 Filing 211 Notice of Dismissal Under FRCP 41(a)(1) filed by plaintiff in case 3:10-pf-10005, Rexx Rug & Linoleum Co., Inc. (Willett, Melissa) Modified on 8/5/2011 (S,R).
August 3, 2011 Filing 210 Notice of Dismissal Under FRCP 41(a)(1) filed by Plaintiff in 1:10-pf-10016 East Bay Floorcovering, Inc. (Russell, Lauren) Modified on 8/4/2011 (S,R).
August 3, 2011 Filing 209 Motion to file under seal motion for reconsideration filed by Defendant FXI-Foamex Innovations, Inc. (Attachments: # 1 Proposed Order)(Newell, Francis) Modified on 8/4/2011 (S,R).
August 2, 2011 Filing 208 Notice of Dismissal Under FRCP 41(a)(1) filed by plaintiff in 1:10-pf-10010 Thompson Trading Company. (Willett, Melissa) Modified on 8/2/2011 (S,R).
July 30, 2011 Filing 207 Position on Transactional Data Protocol filed by Direct Purchaser Class. (Wolfson, Adam) Modified on 8/2/2011 (S,R).
July 30, 2011 Filing 206 Transactional Data Protocol filed by Direct Purchaser Class. (Wolfson, Adam) Modified on 8/2/2011 (S,R).
July 30, 2011 Filing 205 Position Statement on the Transactional Data Protocol filed by Carpenter Canada Co., Carpenter Company, Carpenter Holdings, Inc., Domfoam International, Inc., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Ohio Decorative Products, Inc., Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Group. (Blinn, Meghan) Modified on 8/2/2011 (S,R).
July 29, 2011 Filing 204 Motion for reconsideration Denial of Their Motions to Dismiss or, in the Alternative, Motion to Certify the Order for Immediate Appeal Under 28 USC 1292(b) filed by Crest Foam Industries, Inc., Inoac USA Inc.. Related document(s) # 191 . (Attachments: # 1 Brief in Support)(Iwrey, Howard)
July 28, 2011 Filing 203 Motion for reconsideration Or, In The Alternative, Motion To Certify The Order For Immediate Appeal Under 28 U.S.C. 1292(B), filed by Domfoam International, Inc., Valle Foam Industries, Inc.. (Silver, Elliot)
July 28, 2011 Filing 202 Motion for reconsideration of the Court's July 19, 2011 Order denying Defendants' motions to dismiss or, in the alternative, certification for immediate appeal under 28 U.S.C. 1292(B) or a stay of these civil actions filed by Carpenter Canada Co., Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Ohio Decorative Products, Inc.. Related document(s) # 191 . (Attachments: # 1 Brief in Support of Motion for Reconsideration, Certification for Interlocutory Appeal, or a Stay)(Lukitsch, Bethany)
July 27, 2011 Filing 201 Marginal Entry Order granting Motion to consolidate cases (Related Doc # 197 ). Judge Jack Zouhary on 7/27/11.(C,D)
July 27, 2011 Opinion or Order Filing 200 Order Denying Motion for reconsideration of Denial of Motions to Dismiss or, in the Alternative, Motion to Certify the Order for Immediate Appeal Under 28 USC 1292(B). Related Doc # 195 . Judge Jack Zouhary on 7/27/11.(C,D)
July 27, 2011 Filing 199 Marginal Entry Order granting Motion to seal (Related Doc # 196 ). Judge Jack Zouhary on 7/27/11.(C,D)
July 26, 2011 Filing 198 FILING ERROR. Refiled in 1:11-pf-10007 Amended complaint . Filed by La-Z-Boy Incorporated, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Blechman, William) Modified on 7/28/2011 (S,R).
July 26, 2011 Filing 197 Motion to consolidate cases filed by Indirect Purchasers. (Attachments: # 1 Proposed Order)(Conklin, Kimberly)
July 22, 2011 Filing 196 Motion to seal Exhibits E and F of Declaration of Cindy Morrison filed by Defendant Leggett & Platt, Inc.. Related document(s) # 195 . (Warncke, Daniel)
July 22, 2011 Filing 195 Motion for reconsideration of Denial of Motions to Dismiss or, in the Alternative, Motion to Certify the Order for Immediate Appeal Under 28 USC 1292(B) filed by Defendant Leggett & Platt, Inc.. Related document(s) # 100 , # 191 , # 128 . (Attachments: # 1 Brief in Support, # 2 Affidavit Declaration of Cindy Morrison)(Warncke, Daniel)
July 22, 2011 Filing 194 Notice of Change of firm address Seeger Weiss LLP by Stephen A. Weiss filed on behalf of All Plaintiffs. (Weiss, Stephen) Modified on 7/25/2011 (S,R).
July 21, 2011 Filing 193 Marginal Entry Order granting Motion to withdraw as attorney, attorney Edward F. Haber and Charles E. Tompkins removed from case as to J&S Packaging Inc. (Related Doc # 161 ). Judge Jack Zouhary on 7/21/11.(C,D)
July 19, 2011 Opinion or Order Filing 192 Order granting Motion to appoint Wiliam Blechman as Liaison Counsel for Direct Action (Non-Class) Plaintiffs. Judge Jack Zouhary (MDL2196) on 7/19/11. (C,D)
July 19, 2011 Opinion or Order Filing 191 Order : This Court disposes of Defendants Motions as follows. In addition to denying Defendants Motion to Vacate and Set Aside the Federal Civil Rule 41(a)(1) Notices of Voluntary Dismissal, Defendants Motions to Dismiss the Complaints are: Denied with respect to all Defendants; Denied with respect to the Direct Purchaser Plaintiffs Sherman Act claim and the Indirect Purchaser Plaintiffs Clayton Act and state antitrust claims. The Nebraska state antitrust claims applicability is limited to conduct occurring after the statutes enactment; Granted with respect to the Indirect Purchaser Plaintiffs unjust enrichment claims; and Denied with respect to all but the following state consumer protection claims lodged by the Indirect Purchaser Plaintiffs: Idaho, Pennsylvania, Maine, Hawaii, and Illinois. Judge Jack Zouhary on 7/19/2011. (C,D)
July 15, 2011 Filing 190 Notice of Sale of Defendant Scottdel, Inc.'s Assets, Cessation of Business and Termination of Receivership filed by Scottdel, Inc.. (Fugee, Patricia)
July 15, 2011 Filing 189 Notice of Dismissal pursuant to FRCP 41(a)(1) filed by plaintiff in 1:10-pf-10022, Suburban Floor Covering, Inc. (Willett, Melissa) Modified on 7/18/2011 (S,R).
July 15, 2011 Filing 188 Notice of Dismissal Purauant to FRCP 41(a)(1) filed by Plaintiff in 1:10-pf-10025, Thoroughbred Carpets, Ltd. (Willett, Melissa) Modified on 7/18/2011 (S,R).
July 14, 2011 Filing 187 Notice of Dismissal Under FRCP 41(a)(1) filed by Plaintiff in 1:10-pf-10026, The Stroud Group, Inc. (Willett, Melissa) Modified on 7/18/2011 (S,R).
July 14, 2011 Filing 186 Notice of Appearance by Paul Michael Kaplan filed on behalf of Hickory Springs Manufacturing Company. (S,R)
July 13, 2011 Filing 185 Marginal Entry Order granting Defendant Carpenter Co.'s Motion to withdraw Jason D. Evans as Attorney of Record. (Related Doc # 182 ). Judge Jack Zouhary on 7/13/2011.(S,R)
July 13, 2011 Filing 184 Stipulated Order : Defendants shall answer Direct Purchaser Plaintiffs Consolidated Amended Class Action Complaint and Indirect Purchaser Plaintiffs Consolidated Amended Complaint by August 15, 2011. Judge Jack Zouhary on 7/13/11. (C,D)
July 12, 2011 Filing 183 Proposed Stipulated Order Specifying Time for Defendants to Answer Direct Purchaser and Indirect Purchaser Consolidated Amended Complaints filed by Carpenter Canada Co., Carpenter Company, Carpenter Holdings, Inc., Crest Foam Industries, Inc., Direct Purchaser Class, Domfoam International, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Indirect Purchaser Class, Inoac USA Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Ohio Decorative Products, Inc., Otto Bock Polyurethane Technologies, Inc., Plastomer Corp., Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (Lukitsch, Bethany)
July 11, 2011 Filing 182 Motion by Jason D. Evans to withdraw as attorney or Record filed on behalf of Defendant Carpenter Company. (Lukitsch, Bethany)
July 8, 2011 Filing 181 Memorandum in Support of the Motion to Appoint Kenny Nachwalter, P.A. as Liaison Counsel for Direct Action (Non-Class) Plaintiffs filed by La-Z-Boy Incorporated, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc. Related document(s) # 180 . (Blechman, William) Modified on 7/12/2011 (S,R).
July 8, 2011 Filing 180 Motion for the Sealy Plaintiffs La-Z-Boy Incorporated, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc. to appoint Kenny Nachwalter, P.A. as Liaison Counsel for Direct Action (Non-Class) Plaintiffs filed by Counsel. (Blechman, William) Modified on 7/12/2011 (S,R).
July 7, 2011 Filing 179 Notice of Voluntary Dismissal Under FRCP 41(a)(1) filed by plaintiff in 1:10-pf-10036 Superior Floor Covering, Inc. (Bryson, Daniel) Modified on 7/8/2011 (S,R).
July 6, 2011 Filing 178 Notice of Dismissal Under FRCP 41(a)(1)in case 1:10pf10030 filed by Furniture Associates. (Willett, Melissa) Modified on 7/7/2011 (S,J).
July 6, 2011 Filing 177 Notice of Dismissal Under FRCP 41(a)(1)in case 1:10pf10031 filed by SCI Floor Covering, Inc.. (Willett, Melissa) Modified on 7/7/2011 (S,J).
July 6, 2011 Filing 176 Notice of Dismissal Under FRCP 41(a)(1)in case 1:10pf10013. filed by Martin Greenbaum Company, Inc.. (Willett, Melissa) Modified on 7/7/2011 (S,J).
July 5, 2011 Filing 175 Notice of Dismissal without prejudice pursuant to FRCP 41(a)(1) filed by Plaintiff's in 3:10-pf-10003, Becky's Carpet and Tile Superstore of Fairview Heights, Inc., Becky's Carpet and Tile Superstore of Hazelwood, Inc., Becky's Carpet and Tile Superstore of Illinois, Inc., Becky's Carpet and Tile Superstore of Manchester, Inc., Becky's Carpet and Tile Superstore of St. Peters, Inc., Becky's Carpet and Tile Superstore, Inc. (Weiss, Stephen) Modified on 7/6/2011 (S,J).
July 1, 2011 Filing 174 Notice of Voluntary Dismissal without prejudice pursuant to FRCP 41(a)(1)(A)(i) filed by plaintiff in 1:10-pf-10023, Robert Sims Enterprises, LLC. (Jacobson, Gary) Modified on 7/6/2011 (S,R).
June 30, 2011 Filing 173 Transcript of Oral Argument held on April 27, 2011 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [47 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 7/7/2011. Redaction Request due 7/21/2011. Redacted Transcript Deadline set for 8/1/2011. Release of Transcript Restriction set for 9/28/2011. (N,A)
June 30, 2011 Filing 172 Written Responses to the Court's Questions for July 1, 2011 Hearing filed by Direct Purchaser Class Action Plaintiffs. Related document(s) # 160 .(Neuwirth, Stephen) Modified on 7/6/2011 (S,R).
June 30, 2011 Filing 171 Joint Written Responses to Questions for Hearing filed by Carpenter Canada Co., Carpenter Company, Carpenter Holdings, Inc., Crest Foam Industries, Inc., Domfoam International, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Inoac USA Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Ohio Decorative Products, Inc., Otto Bock Polyurethane Technologies, Inc., Plastomer Corp., Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. Related document(s) # 160 .(Lukitsch, Bethany) Modified on 7/6/2011 (S,R).
June 30, 2011 Filing 170 Response : Indirect Purchaser Plaintiff's responses to the Court's questions for hearing re: # 160 # 129 # 120 # 121 # 126 # 122 # 130 # 128 # 125 # 127 (Miller, Marvin) Modified on 6/30/2011 (C,D).
June 30, 2011 Filing 169 Notice of Voluntary Dismissal Under FRCP 41(a)(1)(A)(i) Without Prejudice filed by plaintiff in 1:10-pf-10011, Shore-Line Carpet Supplies, Inc. (Gassman, Seth) Modified on 7/6/2011 (S,R).
June 28, 2011 Filing 168 Motion to vacate and Set Aside Rule 41(a)(1) Notices of Voluntary Dismissal and for Other Relief filed by Carpenter Canada Co., Carpenter Company, Carpenter Holdings, Inc., Domfoam International, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Mohawk Industries, Inc., Ohio Decorative Products, Inc., Valle Foam Industries, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 155 , # 163 , # 156 , # 153 , # 157 , # 158 , # 164 , # 149 , # 159 , # 152 , # 167 , # 148 , # 154 , # 162 , # 132 , # 118 , # 166 . (Attachments: # 1 Brief in Support Memorandum in Support of Defendants' Motion to Vacate and Set Aside Rule 41(a)(1) Notices of Voluntary Dismissal and for Other Relief)(Lukitsch, Bethany)
June 28, 2011 Filing 167 Notice of Dismissal pursuant to FRCP 41(a)(1) filed by plaintiff in 1:11-pf-10008, Piazza's Carpet & Tile Shop, Inc. (Willett, Melissa) Modified on 6/28/2011 (S,R).
June 28, 2011 Filing 166 Notice of dismissal pursuant to FRCP 41(a)(1) filed by plaintiff in 1:10-pf-10009, Jamestown Mattress Co., Inc. (Willett, Melissa) Modified on 6/28/2011 (S,R).
June 27, 2011 Filing 165 Entry of Appearance by Charles E. Tompkins filed by on behalf of Spring Air International LLC., Spring Air LLC and Spring Air Ohio LLC. (Tompkins, Charles) Modified on 6/28/2011 (S,R).
June 27, 2011 Filing 164 Notice of Dismissal Under FRCP 41(a)(1) filed by Plaintiff 1:10-pf-10037, R & W Carpets, Inc. (Griffin, Mark) Modified on 6/28/2011 (S,R).
June 27, 2011 Filing 163 Notice of Dismissal Under FRCP 41(a)(1) Without Prejudice filed by plaintiff in 1:10-pf-10002, Alyanna Enterprises, Inc. (Tompkins, Charles) Modified on 6/28/2011 (S,R).
June 27, 2011 Filing 162 Notice of Dismissal Under FRCP 41(a)(1) Without Prejudice filed by Plaintiff in 1:10-pf-10015, Abdinoor's Carpet Craft. (Tompkins, Charles) Modified on 6/28/2011 (S,R).
June 27, 2011 Filing 161 Consent Motion by Charles E. Tompkins and Edward F. Haber to withdraw as attorney filed by Plaintiff in 1:10-pf-10014, J&S Packaging, Inc. (Tompkins, Charles) Modified on 6/28/2011 (S,R).
June 27, 2011 Filing 160 QUESTIONS for oral argument on Defendants' Motion to Dismiss. Judge Jack Zouhary (MDL2196) on 6/27/11. (S,Na)
June 27, 2011 Filing 159 Notice of Dismissal Under FRCP 41(a)(1) filed by plaintiff in 1:10-pf-10001, Atlantic Feather & Foam, Inc. (Aranoff, Ronald) Modified on 6/28/2011 (S,R).
June 24, 2011 Filing 158 Notice of Service of Notice of Dismissal Pursuant To Fed. R. Civ. P. 41(a)(1) filed by Pandolfi House of Carpets, Inc.. Related document(s) # 152 .(Eisler, Robert)
June 24, 2011 Filing 157 Notice of Dismissal Under FRCP 41(a)(1) without prejudice filed by plaintiff in 1:10-pf-10024, Foam Empire, Inc. (Albert, Lee) Modified on 6/27/2011 (S,R).
June 24, 2011 Filing 156 Notice of Dismissal Under FRCP 41(a)(1) filed by Plaintiff in 1:10-dp-10033, Columbia River Floor Covering. (Griffin, Mark) Modified on 6/27/2011 (S,R).
June 24, 2011 Filing 155 Notice of Dismissal Under FRCP 41(a)(1) Without Prejudice filed by plaintiffs in 1:10-pf-10028, HVA Bros., Inc., HVA LTD. (Millen, Douglas) Modified on 6/27/2011 (S,R).
June 24, 2011 Filing 154 Notice of Dismissal Under FRCP 41(a)(1) Without Prejudice filed by Plaintiff in 1:10-pf-10032, DeSitter Flooring, Inc. (Millen, Douglas) Modified on 6/27/2011 (S,R).
June 24, 2011 Filing 153 Notice of Voluntary Dismissal without prejudice pursuant to FRCP 41(a)(1) filed by Plaintiffs in 1:10-pf-10021, Sharyn Lackey, T. Stevens Lackey, J. Keith Stokes. (Willett, Melissa) Modified on 6/27/2011 (S,R).
June 23, 2011 Filing 152 Notice of Dismissal Under FRCP 41(a)(1) filed by Plaintiff in 1:10-pf-10020, Pandolfi House of Carpets, Inc. (Eisler, Robert) Modified on 6/27/2011 (S,R).
June 23, 2011 Filing 151 Answer to # 46 Amended complaint, # 52 Amended complaint, filed by David Carson. (M,L)
June 23, 2011 Filing 150 Answer to # 46 Amended complaint, # 52 Amended complaint, filed by Louis Carson. (M,L)
June 22, 2011 Filing 149 Notice of Dismissal of case 1:10-pf-10035, Under FRCP 41(a)(1) filed by Western Carpet Center, Inc. (Griffin, Mark) Modified on 6/23/2011 (S,R).
June 22, 2011 Filing 148 Notice of Dismissal of case 1:10-dp-10034, Under FRCP 41(a)(1) filed by Custom Carpets, Inc. (Griffin, Mark) Modified on 6/23/2011 (S,R).
June 21, 2011 Filing 147 Status Report on the Urethane Status Conference on June 6, 2011 filed by Direct Purchaser Class, Indirect Purchaser Class, La-Z-Boy Incorporated, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Blechman, William)
June 21, 2011 Filing 146 Notice of Appearance of Meghan M. Blinn filed by on behalf of Future Foam, Inc. (Passarelli, John) Modified on 6/21/2011 (S,R).
June 1, 2011 Opinion or Order Filing 145 Order Motion Hearing set for 7/1/2011 at 09:30 AM in Courtroom 204 before Judge Jack Zouhary (MDL2196). Counsel shall also provide the Court with a roll call of those persons attending the conference by e-mail to Zouhary_Chambers@ohnd.uscourts.gov by June 29, 2011. The Court will forward questions to counsel in advance of the Hearing. Judge Jack Zouhary on 6/1/11. (C,D)
May 23, 2011 Filing 144 Opposition to Defendants' Joint "Common Issues" memorandum of law in support of defendants' motion to dismiss Indirect Purchaser Plaintiffs' Consolidated Amended Complaint. (related doc. no. # 129 , # 120 , # 121 , # 126 , # 122 , # 130 , # 128 , # 125 , # 127 ) filed by Susan Gomez. (Miller, Marvin) Modified on 5/24/2011 (S,R).
May 23, 2011 Filing 143 Opposition to the # 128 Joint Motion to dismiss the Indirect Purchaser Plaintiffs' Consolidated Amended Complaint Pursuant to Rule 12(b) and Memorandum in Support filed by Susan Gomez. (Miller, Marvin) Modified on 5/24/2011 (S,R).
May 23, 2011 Filing 142 Opposition to the Motions to Dismiss the Indirect Purchaser Plaintiffs' Consolidated Amended Class Action Complaint. (related doc. nos. # 46 , # 129 , # 120 , # 121 , # 126 , # 122 , # 130 , # 125 , # 127 ) filed by Indirect Purchaser Plaintiffs. (Miller, Marvin) Modified on 5/24/2011 (S,R).
May 20, 2011 Filing 141 Transfer Order by the Judicial Panel on Multidistrict Litigtion. Western District of Oklahoma case 5:11-45 (Factory Direct, Inc. v. The Carpenter Company, et al) to the Northern District of Ohio. (S,R)
May 16, 2011 Filing 140 Marginal Entry Order granting Motion to withdraw as attorney, attorney Jennie Cordis Boswell removed from case. (Related Doc # 123 ). Judge Jack Zouhary (MDL2196) on 5/16/11.(C,D)
May 12, 2011 Filing 139 Amended Case Management Order . Judge Jack Zouhary on 5/12/11. (C,D)
May 11, 2011 Filing 138 Joint Reply to Direct Purchaser Plaintiffs' Opposition to Defendants' Joint "Common Issues" Memorandum of Law in Support of Defendants' Motion to Dismiss Direct Purchaser Plaintiffs' Consolidated Amended Class Action Complaint filed by Carpenter Canada Co., Carpenter Company, Carpenter Holdings, Inc., Crest Foam Industries, Inc., Domfoam International, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Inoac USA Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Ohio Decorative Products, Inc., Otto Bock Polyurethane Technologies, Inc., Plastomer Corp., Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 90 , # 115 . (Lukitsch, Bethany) Modified on 5/12/2011 (S,R).
May 11, 2011 Filing 137 Marginal Entry Order granting Motion to withdraw as attorney, attorney John W.F. Chesley removed from case. (Related Doc # 136 ). Judge Jack Zouhary on 5/11/11.(C,D)
May 10, 2011 Filing 136 Motion by John W.F. Chesley to withdraw as attorney filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. (Richman, Cynthia)
May 10, 2011 Filing 135 Entry of Appearance of Allison C. Kop filed on behalf of Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (Richman, Cynthia) Modified on 5/12/2011 (S,R).
May 10, 2011 Filing 134 Letter to Judge Zouhary enclosing proposed Second Case Management Order filed by La-Z-Boy Incorporated, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.. (Attachments: # 1 Exhibit Proposed Second Case Management Order)(Blechman, William)
May 10, 2011 Filing 133 Conditional Transfer Order (CTO-4) by the Judicial Panel on Multidistrict Litigation transferring Mississippi Northern case no. 1:11-95 (Henson Sleep Relief, Inc. v. Hickory Springs Mfg Co et al) to the Northern District of Ohio. (S,R)
May 9, 2011 Opinion or Order Filing 132 Order and Notice of Party Dismissal re # 118 Notice filed by Mike Hudson. Judge Jack Zouhary (MDL2196) on 5/9/11. (C,D)
May 9, 2011 Filing 131 FILING ERROR. Refiled on MDL 2197 Depuy. Attorney Appearance by Michael J. Sobieray filed by on behalf of Barbara Harrison Molder. (S,J) Modified on 5/11/2011 (S,R).
May 6, 2011 Filing 130 Motion to dismiss for failure to state a claim Indirect Purchaser Plaintiffs' Consolidated Amended Complaint filed by Defendant Flexible Foam Products, Inc.. Related document(s) # 119 , # 52 . (Millard, Kendall)
May 6, 2011 Filing 129 Motion to dismiss for failure to state a claim filed by Defendant FXI-Foamex Innovations, Inc.. Related document(s) # 52 . (Ryan, Peter)
May 6, 2011 Filing 128 Joint Motion to dismiss the Indirect Purchaser Plaintiffs' Consolidated Amended Complaint Pursuant to Rule 12(b) and Memorandum in Support filed by Crest Foam Industries, Inc., Inoac USA Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Ohio Decorative Products, Inc., Otto Bock Polyurethane Technologies, Inc., Plastomer Corp.. Related document(s) # 119 , # 52 . (Warncke, Daniel)
May 6, 2011 Filing 127 Motion to dismiss for failure to state a claim Indirect Purchaser Plaintiffs' Consolidated Amended Complaint filed by Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc.. Related document(s) # 119 , # 52 . (Richman, Cynthia)
May 6, 2011 Filing 126 Motion to dismiss for failure to state a claim Indirect Purchaser Plaintiffs' Consolidated Amended Complaint filed by Defendant Future Foam, Inc.. Related document(s) # 119 , # 52 . (Wilson, Angela)
May 6, 2011 Filing 125 Motion to dismiss for failure to state a claim Indirect Purchaser Plaintiffs' Consolidated Amended Complaint filed by Domfoam International, Inc., Valle Foam Industries, Inc.. Related document(s) # 119 , # 52 . (Attachments: # 1 Certificate of Service)(Silver, Elliot)
May 6, 2011 Filing 124 Attorney Appearance of Heather Adams by Matthew P. McGuire filed by on behalf of Hickory Springs Manufacturing Company. (McGuire, Matthew)
May 6, 2011 Filing 123 Motion by Jennie Boswell to withdraw as attorney filed by Defendant Hickory Springs Manufacturing Company. (McGuire, Matthew)
May 6, 2011 Filing 122 Motion to dismiss for failure to state a claim Indirect Purchaser Plaintiffs' Consolidated Amended Complaint filed by Defendant Hickory Springs Manufacturing Company. Related document(s) # 119 , # 52 . (McGuire, Matthew)
May 6, 2011 Filing 121 Motion to dismiss for failure to state a claim Indirect Purchaser Plaintiffs' Consolidated Amended Complaint filed by Vitafoam Products Canada Limited, Vitafoam, Inc.. Related document(s) # 119 , # 52 . (Coleman, Timothy)
May 6, 2011 Filing 120 Motion to dismiss for failure to state a claim Indirect Purchaser Plaintiffs' Consolidated Amended Complaint filed by Defendant Carpenter Company. Related document(s) # 119 , # 52 . (Lukitsch, Bethany)
May 6, 2011 Filing 119 Joint "Common Issues" Memorandum of Law in Support of Motion to Dismiss Indirect Purchaser Plaintiffs' Consolidated Amended Complaint filed by Carpenter Company, Crest Foam Industries, Inc., Domfoam International, Inc., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Inoac USA Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Ohio Decorative Products, Inc., Otto Bock Polyurethane Technologies, Inc., Plastomer Corp., Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. Related document(s) # 52 . (Attachments: # 1 Exhibit A) (Lukitsch, Bethany) Modified on 5/10/2011 (S,R).
May 4, 2011 Filing 118 Notice of Dismissal Under FRCP 41(a)(1) filed by plaintiff in 1:11-pf-10003, Mike Hudson. (Holmes, Martin) Modified on 5/10/2011 (S,R).
May 3, 2011 Filing 117 Status Confernece Order re # 68 # 70 # 67 Motion to Modify the Initial Case Management Order. See Order for full details regarding due dates and page limitations. Judge Jack Zouhary (MDL2196) on 5/2/11. (C,D)
May 2, 2011 Filing 116 Notice of Request for Judicial Notice in Support of Omnibus Response to Defendants' Separately Filed Memoranda in Support of Their Motions to Dismiss filed by Direct Purchaser Class. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part 1, # 3 Exhibit B - Part 2, # 4 Exhibit B - Part 3, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I)Related document(s) # 114 .(Neuwirth, Stephen)
May 2, 2011 Filing 115 Opposition to # 89 Motion to dismiss for failure to state a claim and DEFENDANTS JOINT COMMON ISSUES MEMORANDUM IN SUPPORT filed by Direct Purchaser Class. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Willett, Melissa)
May 2, 2011 Filing 114 Opposition to # 91 Motion to dismiss for failure to state a claim , # 92 Motion to dismiss for failure to state a claim Direct Purchaser Consolidated Amended Class Action Complaint , # 101 Motion to dismiss for failure to state a claim , # 103 Motion to dismiss for failure to state a claim , # 100 Motion to dismiss for failure to state a claim by Direct Purchaser Plaintiffs , # 99 Motion to dismiss for failure to state a claim , # 109 Motion to dismiss for failure to state a claim , # 97 SEALED Motion # 74 , # 102 Motion to dismiss for failure to state a claim and Brief in Support , # 89 Motion to dismiss for failure to state a claim , # 96 Motion to dismiss for failure to state a claim , # 95 Motion to dismiss for failure to state a claim filed by Direct Purchaser Class. (Neuwirth, Stephen)
April 29, 2011 Filing 113 Notice of Withdrawal of Objection to the Proposed Joint Pretrial Schedule filed by La-Z-Boy Incorporated, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc..(Related document # 66 ) (Blechman, William) Modified on 5/2/2011 (S,J).
April 27, 2011 Filing 112 Joint Scheduling Order re # 65 Proposed Order filed by Direct Purchaser Class. SEE ORDER FOR FULL DETAILS. Judge Jack Zouhary (MDL2196) on 4/27/11. (C,D)
April 27, 2011 Filing 111 Marginal Entry Order denying as moot Motion to Modify CMC order (Related Doc # 67 ). Judge Jack Zouhary on 4/27/11.(C,D)
April 25, 2011 Filing 110 Joint Memorandum in Opposition to # 67 Motion for Modification of Initial Case Management Order filed by Carpenter Canada Co., Carpenter Company, Carpenter Holdings, Inc., Crest Foam Industries, Inc., Domfoam International, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Inoac USA Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Ohio Decorative Products, Inc., Otto Bock Polyurethane Technologies, Inc., Plastomer Corp., Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Corporation, Woodbridge Foam Fabricating, Inc., Woodbridge Sales & Engineering, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lukitsch, Bethany) Modified on 4/26/2011 (S,R).
April 15, 2011 Filing 109 Motion to dismiss Direct Purchaser Plaintiffs' # 46 Consolidated Amended Complaint under FRCP 12(B)(6) for failure to state a claim filed by Woodbridge Foam Fabricating, Inc., Woodbridge Foam Corporation, Woodbridge Sales & Engineering, Inc. Related document(s) # 90 . (Attachments: # 1 Brief in Support)(Richman, Cynthia) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 108 Corporate Disclosure Statement filed by Woodbridge Foam Corporation. (Richman, Cynthia) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 107 Corporate Disclosure Statement filed by Woodbridge Foam Fabricating, Inc.. (Richman, Cynthia)
April 15, 2011 Filing 106 Entry of Appearance by Daniel G. Swanson filed on behalf of Woodbridge Foam Fabricating, Inc., Woodbridge Foam Corporation. (Richman, Cynthia) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 105 Motion for oral argument on their # 99 Motion to Dismiss # 46 Plaintiffs' Consolidated Amended Class Action Complaint filed by Carpenter Canada Co., Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P. (Lukitsch, Bethany) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 104 Attorney Appearance by Cynthia E. Richman filed on behalf of Woodbridge Foam Fabricating, Inc., Woodbridge Foam Corporation. (Richman, Cynthia) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 103 Motion to dismiss Direct Purchaser Plaintiffs' # 46 Consolidated Amended Class Action Complaint for failure to state a claim filed by Defendant Future Foam, Inc. (Attachments: # 1 Brief in Support)(Wilson, Angela) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 102 Motion to dismiss # 46 Consolidated Class Action Complaint for failure to state a claim and Brief in Support filed by Flexible Foam Products, Inc., Ohio Decorative Products, Inc. (Millard, Kendall) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 101 Motion to dismiss Direct Purchaser Plaintiffs' # 46 Consolidated Amended Class Action Complaint for failure to state a claim filed by Defendant FXI-Foamex Innovations, Inc. (Attachments: # 1 Brief in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Proposed Order)(Ryan, Peter) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 100 Motion to dismiss Direct Purchaser Plaintiffs' # 46 Consolidated Amended Class Action Complaint for failure to state a claim filed by Leggett & Platt, Inc., Mohawk Industries, Inc. Related document(s) # 90 . (Attachments: # 1 Brief in Support, # 2 Exhibit Condensed Version of Information of Pierre Yves-Guay)(Warncke, Daniel) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 99 Motion to dismiss # 46 Direct Purchaser Plaintiffs' Consolidated Amended Class Action Complaint for failure to state a clai filed by Carpenter Canada Co., Carpenter Company, Carpenter Holdings, Inc., E.R. Carpenter, L.P. (Attachments: # 1 Brief in Support)(Lukitsch, Bethany) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 98 Corporate Disclosure Statement filed by Woodbridge Sales & Engineering, Inc.. (Richman, Cynthia)
April 15, 2011 Filing 97 SEALED Motion to dismiss # 46 Direct Purchaser Plaintiffs' Consolidated Amended Class Action Complaint filed by Domfoam International, Inc., Valle Foam Industries, Inc. Related document(s) # 74 . (Attachments: # 1 Declaration of Shepard Goldfein, # 2 Exhibit A to Declaration of Shepard Goldfein, # 3 Certification of Compliance with Local Rule 7.1(f), # 4 Certificate of Service)(Silver, Elliot) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 96 Motion to dismiss # 46 Consolidated Amended Class Action Complaint for failure to state a claim filed by Defendant in 1:11-pf-10005, Otto Bock Polyurethane Technologies, Inc. (Attachments: # 1 Exhibit A)(Duncan, Richard) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 95 Motion (Memorandum in Support) to dismiss for failure to state a claim filed by Vitafoam Products Canada Limited, Vitafoam, Inc. (Coleman, Timothy) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 94 Corporate Disclosure Statement filed by Ohio Decorative Products, Inc.. (Millard, Kendall)
April 15, 2011 Filing 93 Corporate Disclosure Statement filed by Flexible Foam Products, Inc.. (Millard, Kendall)
April 15, 2011 Filing 92 Motion to dismiss # 46 Consolidated Amended Class Action Complaint for failure to state a claim filed by Defendant Hickory Springs Manufacturing Company. (McGuire, Matthew) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 91 Motion to dismiss the Direct Purchaser Plaintiffs' Consolidated # 46 Amended Class Action Complaint for failure to state a claim filed by Defendant in 1:11-pf-10005, Plastomer Corp. (Attachments: # 1 Exhibit Information of Pierre-Yves Guay (Excerpts))(Klein, Sheldon) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 90 Joint "Common Issues" Memorandum of Law in Support of Motions to Dismiss Direct Purchaesr Plaintiffs' Consolidated Amended Class Action Complaint filed by Carpenter Canada Co., Carpenter Company, Carpenter Holdings, Inc., Crest Foam Industries, Inc., Domfoam International, Inc., E.R. Carpenter, L.P., FXI-Foamex Innovations, Inc., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, Inoac Corp., Inoac USA Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Ohio Decorative Products, Inc., Otto Bock Polyurethane Technologies, Inc., Plastomer Corp., Valle Foam Industries, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc., Woodbridge Foam Fabricating, Inc., Woodbridge Group, Woodbridge Sales & Engineering, Inc. Related document(s) # 46 . (Lukitsch, Bethany) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 89 Motion to dismiss under FRCP 8 and 12(b)(6) for failure to state a claim # 46 Consolidated Amended Class Action Complaint filed by Defendants in 1:11-pf-10005, Crest Foam Industries, Inc. and Inoac USA Inc. (Iwrey, Howard) Modified on 4/19/2011 (S,R).
April 15, 2011 Filing 88 Corporate Disclosure Statement filed by Future Foam, Inc.. (Wilson, Angela)
April 15, 2011 Filing 87 Corporate Disclosure Statement filed by Carpenter Canada Co.. (Lukitsch, Bethany)
April 15, 2011 Filing 86 Corporate Disclosure Statement filed by Plastomer Corp.. (Klein, Sheldon)
April 15, 2011 Filing 85 Corporate Disclosure Statement filed by Mohawk Industries, Inc.. (Fenby, Erica)
April 14, 2011 Filing 84 Corporate Disclosure Statement filed by Carpenter Holdings, Inc.. (Lukitsch, Bethany)
April 14, 2011 Filing 83 Corporate Disclosure Statement filed by E.R. Carpenter, L.P.. (Lukitsch, Bethany)
April 14, 2011 Filing 82 Corporate Disclosure Statement filed by Carpenter Company. (Lukitsch, Bethany)
April 14, 2011 Filing 81 Corporate Disclosure Statement filed by Vitafoam Products Canada Limited. (Coleman, Timothy)
April 14, 2011 Filing 80 Corporate Disclosure Statement filed by Vitafoam, Inc.. (Coleman, Timothy)
April 14, 2011 Filing 79 Corporate Disclosure Statement filed by FXI-Foamex Innovations, Inc.. (Attachments: # 1 Exhibit Certificate of Service)(Ryan, Peter)
April 14, 2011 Filing 78 Attorney Appearance by Manuel John Dominguez filed by on behalf of Martin Furniture and Bedding, Inc.. (Dominguez, Manuel)
April 14, 2011 Filing 77 Marginal Entry Order granting Motion for conference (Related Doc # 75 ) Status Conference set for 4/27/2011 at 10:00 AM in Courtroom 209 before Judge Jack Zouhary (MDL2196). Judge Jack Zouhary (MDL2196) on 4/14/11.(C,D)
April 14, 2011 Opinion or Order Filing 76 Order granting in part and denying in part Motion regarding Page Limitations for Briefing Associated with Motions to Dismiss the Direct Purchaser Plaintiffs' Consolidated Amended Complaint(Related Doc # 69 . The Motion as modified. (See order for Full Details). Judge Jack Zouhary (MDL2196) on 4/14/11.(C,D)
April 13, 2011 Filing 75 Motion for status conference filed by Direct Action (non-class) plaintiffs' La-Z-Boy Incorporated, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc. (Blechman, William) Modified on 4/19/2011 (S,R).
April 12, 2011 Opinion or Order Filing 74 Order granting Motion to file under seal Motion to Dismiss Direct Purchaser Plaintiffs' Consolidated Amended Complaint (Related Doc # 71 ). Judge Jack Zouhary on 4/12/11.(C,D)
April 12, 2011 Filing 73 Conditional Transfer Order (CTO-3) by the Judicial Panel on Multidistrict Litigation transferring 1 case to the Northern District of Ohio (MDL2196) on 4/12/2011. (K,V)
April 12, 2011 Filing 72 Corporate Disclosure Statement filed by Otto Bock Polyurethane Technologies, Inc.. (Attachments: # 1 Certificate of Service)(Chow, Emily)
April 12, 2011 Filing 71 Motion to file under seal Motion to Dismiss Direct Purchaser Plaintiffs' Consolidated Amended Complaint filed by Domfoam International, Inc., Valle Foam Industries, Inc. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Silver, Elliot) Modified on 4/12/2011 (S,R).
April 11, 2011 Filing 70 Appendix in Support of # 67 Motion to Modify the # 17 Initial Case Management Order filed by Direct Action (Non-Class) La-Z-Boy Incorporated, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc. related doc. no. # 68 . (Attachments: # 1 Exhibits 1-6, # 2 Exhibits 7-12, # 3 Exhibits 13-17)(Blechman, William) Modified on 4/12/2011 (S,R).
April 11, 2011 Filing 69 Motion regarding Page Limitations for Briefing Associated with Motions to Dismiss the # 52 Direct Purchaser Plaintiffs' Consolidated Amended Complaint filed by Defendants Liaison Counsel. (Attachments: # 1 Proposed Order Regarding Page Limitations)(Lukitsch, Bethany) Modified on 4/12/2011 (S,R).
April 11, 2011 Filing 68 Memorandum in Support of # 67 Motion to Modify the # 17 Initial Case Management Order filed by La-Z-Boy Incorporated, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc.(Blechman, William) Modified on 4/12/2011 (S,R).
April 11, 2011 Filing 67 Motion to Modify the Initial Case Management Order filed Direct Action (Non-Class) Plaintiffs La-Z-Boy Incorporated, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc. Related document(s) # 17 . (Attachments: # 1 Exhibits 1 and 2)(Blechman, William) Modified on 4/12/2011 (S,R).
April 11, 2011 Filing 66 Notice of Objection to the Direct Purchaser Class's Proposed Joint Scheduling Order filed by La-Z-Boy Incorporated, Sealy Corporation, Select Comfort Corporation, Simmons Bedding Company, Tempur-Pedic International, Inc. Related document(s) # 65 .(Blechman, William) Modified on 4/12/2011 (S,R).
April 11, 2011 Filing 65 Proposed Joint Scheduling Order filed by Direct Purchaser Class. (Neuwirth, Stephen) Modified on 4/12/2011 (S,R).
April 11, 2011 Filing 64 Corporate Disclosure Statement filed by Inoac USA Inc.. (Iwrey, Howard)
April 11, 2011 Filing 63 Corporate Disclosure Statement filed by Crest Foam Industries, Inc.. (Iwrey, Howard)
April 11, 2011 Filing 62 Corporate Disclosure Statement filed by Valle Foam Industries, Inc.. (Attachments: # 1 Certificate of Service)(Silver, Elliot)
April 11, 2011 Filing 61 Corporate Disclosure Statement filed by Domfoam International, Inc.. (Attachments: # 1 Certificate of Service)(Silver, Elliot)
April 6, 2011 Filing 60 Attorney Appearance Notice of Appearance of Aaron M. Sheanin by Bruce L. Simon filed by on behalf of Foam Factory, Inc.. (Simon, Bruce)
April 1, 2011 Opinion or Order Filing 59 Order granting # 57 Joint Motion for extension of time until April 11, 2011 to File a Joint Proposed Case Schedule. Judge Jack Zouhary on 4/1/11. (C,D) Modified on 4/5/2011 (S,R).
April 1, 2011 Filing 58 Notice of Appearance by Susan A. Bernstein filed on behalf of Indirect Purchasers Plaintiffs Gerald Nolan and Kathleen Nolan. (S,R)
March 31, 2011 Filing 57 Joint Motion for extension of time until April 11, 2011 to File a Joint Proposed Case Schedule filed by Defendant Defendants Liaison Counsel, Direct Purchaser Class, Indirect Purchaser Class. (Attachments: # 1 Proposed Order Proposed Order Extending Time to File Joint Proposed Case Schedule)(Lukitsch, Bethany)
March 30, 2011 Filing 56 Notice of Appearance by Eric D. Barton filed on behalf of Kristen Luenz. (S,R)
March 28, 2011 Filing 55 Notice of Appearance by Abigail E. Corbett, Matthew C. Dates, Samuel O. Patmore, Jay B. Shapiro filed by on behalf of Parker Company agent for Met 2 Hotel, LLC. (S,R)
March 23, 2011 Filing 54 Notice of Appearance by Angela K. Wilson and Restated Notices of Appearance by John P. Passarelli and Edward G. Warin filed on behalf of Future Foam, Inc. (Passarelli, John) Modified on 3/24/2011 (S,R).
March 23, 2011 Filing 53 Notice of Appearance of Richard A. Duncan, Aaron D. Van Oort, Emily E. Chow, Robert A. Bunda, Theresa R. DeWitt filed on behalf of Otto Bock Polyurethane Technologies, Inc. (Duncan, Richard) Modified on 3/24/2011 (S,R).
March 23, 2011 Minutes of proceedings [non-document] before Judge Jack Zouhary.Telephone Conference held on 3/22/11 re proposed Motions to Dismiss and service of process. (45 min) (S,Na)
March 21, 2011 Filing 52 Consolidated Amended complaint against All Defendants Filed by Indirect Purchaser Plaintiffs. (Miller, Marvin) Modified on 3/24/2011 (S,R).
March 14, 2011 Filing 51 Attorney Appearance by Seth R. Gassman filed on behalf of Shore-Line Carpet Supplies, Inc. (S,R)
March 11, 2011 Filing 50 Conditional Transfer Order (CTO-2) by the Judicial Panel on Multidistrict Litigation transferring 2 listed cases to the Northern District of Ohio. (S,R)
March 10, 2011 Filing 49 Attorney Appearance by Howard B. Iwrey filed on behalf of Defendants Crest Foam Industries, Inc., Inoac USA Inc. (S,R)
March 10, 2011 Filing 48 Notice of Appearance by Elliot A. Silver filed on behalf of Domfoam International, Inc., Valle Foam Industries, Inc. (S,R)
March 3, 2011 Filing 47 Notice of Appearance by Ralph B. Kalfayan filed on behalf of Carpeteria Markarian Co. (S,R)
February 28, 2011 Filing 46 Consolidated Amended Class Action Complaint against All Defendants. Filed by Direct Purchaser Class. (Neuwirth, Stephen) Modified on 3/1/2011 (S,R).
February 24, 2011 Opinion or Order Filing 45 Order granting # 43 Consent Motion of Indirect Purchaser Plaintiffs To Extend The Time To File Consolidated Amended Complaint And Modify Briefing Schedule On Motions To Dismiss. Judge Jack Zouhary (MDL2196) on 2/24/11.(C,D)
February 24, 2011 Opinion or Order Filing 44 Order and stipulated discovery plan (re # 41 ). Judge Jack Zouhary (MDL2196) on 2/24/11. (C,D)
February 23, 2011 Filing 43 Consent Motion for extension of Indirect Purchaser CAC -Feb 28, 2011 deadline until March 21, 2011 filed by Plaintiff Indirect Purchaser Class. (Attachments: # 1 Proposed Order [Proposed] Order on Consent Motion of Indirect Purchaser Plaintiffs To Extend The Time To File Consolidated Amended Complaint And Modify Briefing Schedule On Motions To Dismiss)(Miller, Marvin)
February 23, 2011 Filing 42 Stipulated Protective Order Judge Jack Zouhary on 2/23/11. (C,D)
February 22, 2011 Filing 41 Proposed Order Stipulated Discovery Plan filed by Carpenter Company. (Lukitsch, Bethany)
February 18, 2011 Filing 40 Proposed Stipulated Protective Order filed by All Plaintiffs. (Strange, Brian) Modified on 2/22/2011 (S,R).
February 17, 2011 Filing 39 Notice of Appearance by Kevin B. Love filed on behalf of Thompson Trading Company, General Merchandising and Supply, Inc. (S,R)
February 15, 2011 Filing 38 Notice of Appearance by Hollis L. Salzman filed on behalf of Shore-Line Carpet Supplies, Inc. (S,R)
February 11, 2011 Filing 37 Notice of Appearance by Linda P. Nussbaum filed on behalf of Thompson Trading Company. (Nussbaum, Linda) Modified on 2/14/2011 (S,R).
February 10, 2011 Opinion or Order Filing 36 Order granting # 35 Motion for extension of time until February 22, 2011 to file a Stipulated Discovery Plan with the Department of Justice. Judge Jack Zouhary on 2/10/11.(C,D)
February 10, 2011 Filing 35 Motion for extension of to File a Stipulated Discovery Plan with the Department of Justice until February 22, 2011 filed by Defendant Defendants Liaison Counsel, Direct Purchaser Class, Indirect Purchaser Class. (Attachments: # 1 Proposed Order)(Neuwirth, Stephen)
February 9, 2011 Filing 34 Notice of Appearance by John W.F. Chesley filed on behalf of Woodbridge Sales & Engineering, Inc. (S,R)
February 9, 2011 Filing 33 Entry of Appearance by Cynthia E. Richman filed on behalf of Woodbridge Sales & Engineering, Inc. (S,R)
February 3, 2011 Filing 32 Entry of Appearance of Sathya Gosselin of the law firm of Hausfeld LLP filed on behalf of Piazza's Carpet & Tile Shop, Inc. (Jackson, Reginald) Modified on 2/8/2011 (S,R).
February 1, 2011 Filing 31 Notice of Appearance by Kevin T. Kerns, Francis P. Newell, Lezlie Madden, F. Brendon Coller filed on behalf of Foam Ex Innovations, Inc. (S,R)
January 31, 2011 Filing 30 Marginal Entry Order granting Motion to withdraw as attorney; attorney R. Eric Kennedy and David C. Landever removed from case. (Related Doc # 10 ). Judge Jack Zouhary on 1/31/11.(C,D)
January 28, 2011 Opinion or Order Filing 29 Order re # 28 Interim Lead Counsel and Executive Committee. Judge Jack Zouhary on 1/28/11. (C,D)
January 28, 2011 Filing 28 Amended Order re # 18 The Court has reviewed the pending Motions to Clarify and Consolidate (Doc. Nos. # 24 # 25 )and the Response (Doc. No. # 26 ). The Court modifies the appointments made in its earlier Order (Doc.No. # 18 ) as stated. (see order for full details). Judge Jack Zouhary on 1/28/11. (C,D)
January 27, 2011 Filing 27 Notice of Filing of Proposed Order on Responsibilities of Plaintiffs' Interim Lead Counsel and Executive Committee filed by All Plaintiffs. (Attachments: # 1 Exhibit A - Proposed Order) Related document(s) # 18 .(Neuwirth, Stephen) Modified on 1/31/2011 (S,R).
January 26, 2011 Filing 26 Notice of Non-Opposition to Indirect Purchaser Plaintiffs' Motion to clarify and modify order dated 1/19/2011 which appoints co-lead counsel and Motion to consolidate indirect purchaser class actions and appoint Kerger & Hartman LLC and Miller Law LLC interim class lead counsel for indirect purchaser class plaintiffs (related doc. no. # 24 , # 25 ) filed by Plaintiffs Lead Counsel. (Neuwirth, Stephen) Modified on 1/31/2011 (S,R).
January 25, 2011 Filing 25 Motion to Consolidate Direct Purchaser Class Actions and Appoint Kerger & Hartman LLC and Miller Law LLC Interim Class Lead Counsel for Indirect Purchaser Class Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B)(Kerger, Richard) Modified on 1/31/2011 (S,R).
January 25, 2011 Filing 24 Motion to clarify and Modify Order dated January 19, 2011 which Appoints Co-Lead Counsel filed by Indirect Purchaser Plaintiffs (Kerger, Richard) Modified on 1/31/2011 (S,R).
January 25, 2011 Filing 22 Notice of Appearance by Lynn Lincoln Sarko, Mark A. Griffin, Raymond J. Farrow filed by on behalf of Columbia River Floor Covering, Custom Carpets, Inc., R & W Carpets, Inc., Western Carpet Center, Inc. (S,R)
January 25, 2011 Filing 21 Notice of Appearance by Bethany G. Lukitsch filed on behalf of Carpenter Company. (S,R)
January 24, 2011 Filing 23 Notice of Appearance by Peter M. Ryan filed on behalf of Foam Ex Innovations, Inc. (S,R)
January 24, 2011 Filing 20 Attorney Appearance by Lee Albert filed by on behalf of Foam Empire, Inc.. (Albert, Lee)
January 21, 2011 Filing 19 Notice of Appearance by Randall L. Allen, Teresa T. Bonder, Erica L. Fenby filed by on behalf of Mohawk Industries, Inc. (S,R)
January 20, 2011 Opinion or Order Filing 18 Order Lead counsel shall promptly forward for the Courts approval the duties and responsibilities of the Executive Committee. This Court reserves the right to make changes to the Executive Committee in the future if the Court finds it is in the best interest of judicial management and/or judicial economy. Judge Jack Zouhary (MDL2196) on 1/20/11. (C,D)
January 20, 2011 Filing 17 Initial Case Management Conference Order. Case is assigned to the complex track. No motion to compel, motion for protective order or motion for sanctions shall be filed unless the parties have undertaken to resolve the discovery dispute and, if unable to do so, have contacted Magistrate Judge Knepp by phone (419 213-5570) or e-mail (knepp_chambers@ohnd.uscourts.gov) with a request for judicial resolution. Counsel shall become familiar with the ACTL Code of Pretrial and Trial Conduct.Parties shall meet and confer with Michael Wood, Assistant Chief, Cleveland Office, Antitrust Division, and file an agreed upon Initial Discovery Plan by February 11, 2011. Stipulated Protective Order due by February 18, 2011. Plaintiffs Consolidated Amended Complaint (CAC) containing putative class definition(s)due by February 28, 2011. Defendants shall answer, move or otherwise plead in response to the CAC by April 15, 2011; opposition to any such motion(s) by May 2, 2011; any reply in support by May 11, 2011. Parties shall exchange initial 26(a) disclosures by March 15, 2011. The Joint Proposed Case Schedule shall be filed by April 1, 2011. Judge Jack Zouhary (MDL2196) on 1/20/11. (Attachments: # 1 ACTL Code of Conduct)(C,D)
January 19, 2011 Minutes of proceedings [non-document] before Judge Jack Zouhary.Case Management Conference held on 1/19/2011. Time: 4 hours. (C,D)
January 17, 2011 Filing 16 Corporate Disclosure Statement filed by Leggett & Platt, Inc.. (Warncke, Daniel)
January 17, 2011 Filing 15 Attorney Appearance by Daniel R. Warncke filed by on behalf of Leggett & Platt, Inc.. (Warncke, Daniel)
January 14, 2011 Filing 14 Attorney Appearance of Shepard Goldfein on behalf of defendant Valle Foam Industries, Inc.(L,V)
January 14, 2011 Filing 13 Attorney Appearance of Shepard Goldfein on behalf of defendant Domfoam International, Inc. (L,V)
January 13, 2011 Filing 12 Notice of Appearance by Robert J. Gilmer, Jr filed on behalf of Vitafoam Products Canada Limited, Vitafoam, Inc. (Gilmer, Robert) Modified on 1/14/2011 (S,R).
January 12, 2011 Filing 11 Stipulated Proposed Agenda 1/19/11 conference filed by All Plaintiffs. (Attachments: # 1 Exhibit CMO, # 2 Exhibit CMO Supplement)(Zoll, David) Modified on 1/13/2011 (S,R). Modified on 1/14/2011 (L,V).
January 3, 2011 Filing 10 Motion by R. Eric Kennedy and David C. Landever to withdraw as attorney filed by Plaintiff Adams Foam Rubber Co. (Kennedy, R.) Modified on 1/4/2011 (S,R).
December 30, 2010 Filing 9 Joint Notice Regarding Addition Of Certain Complaints To Stipulation For Extension Of Time For Defendants Vitafoam, Inc. And Vitafoam Products Canada Limited To Move, Answer Or Otherwise Respond To Complaints filed by Abdinoor's Carpet Craft, Eric Hodge, J&S Packaging, Inc., Vitafoam Products Canada Limited, Vitafoam, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Warren, John)
December 29, 2010 Filing 8 Joint Notice Regarding Addition of Certain Complaints to Stipulation for Extension of Time to Move, Answer or Otherwise Respond to Complaints filed by Abdinoor's Carpet Craft, Carpenter Company, Domfoam International, Inc., Flexible Foam Products, Inc., Foam Ex Innovations, Inc., Future Foam, Inc., Hickory Springs Manufacturing Company, J&S Packaging, Inc., Leggett & Platt, Inc., Mohawk Industries, Inc., Valle Foam Industries, Inc., Woodbridge Group. (Attachments: # 1 Exhibit A Letter)(Millard, Kendall)
December 23, 2010 Filing 7 Notice of Appearance by Clifford H. Pearson, Daniel L. Warshaw, Bobby Pouya filed on behalf of Foam Factory, Inc. (S,R)
December 23, 2010 Filing 6 Notice of Appearance by Bruce L. Simon filed on behalf of Foam Factory, Inc. (S,R)
December 17, 2010 Filing 5 Conditional Transfer Order (CTO-1) by the Judicial Panel on Multidistrict Litigation transferring cases listed to the Northern District of Ohio. (S,R)
December 17, 2010 Filing 4 Notice of Appearance by Marc H. Edelson filed on behalf of SCI Floor Covering, Inc. (Edelson, Marc) Modified on 12/17/2010 (S,R).
December 10, 2010 Opinion or Order Filing 3 ORDER. Initial Conference set for 1/19/11 at 1:00 PM in Courtroom 209 before Judge Jack Zouhary (MDL2196). Counsel shall confer and file a Stipulated Proposed Agenda, including a case management schedule, by 1/12/11. Counsel shall also provide Court with a "role call" of those persons attending the conference by e-mail. No motions shall be filed prior to the Initial Conference without prior Court approval. Judge Jack Zouhary on 12/10/10. (S,Na)
December 7, 2010 Opinion or Order Filing 2 ORDER. Counsel to file stipulated proposed Agenda for an initial in-person conference to be held this month or, at the latest, January 2011. Interim lead counsel should contact Chambers to select a convenient date and time for the initial conference. Counsel should also submit a proposed initial Case Management Order. Applications by those lawyers interested in serving in a leadership position shall be in letter form, no longer than 2 pages in length and directed to Chambers via e-mail. Deadline for submitting letters is 3:00 PM on 12/23/10. Judge Jack Zouhary on 12/7/10. (S,Na)
December 2, 2010 Filing 1 Transfer Order by the Judicial Panel on Multidistrict Litigation I pursuant to 28 U.S.C. 1407, the actions listed on Schedule A and pending outside the Northern District of Ohio are transferred to the Northern District of Ohio and, with the consent of that court, assigned to the Honorable Jack Zouhary for coordinated or consolidated pretrial proceedings with the actions listed on Schedule A and pending in that district. (S,R)
December 2, 2010 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Knepp. (S,R)

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Search for this case: In re: Polyurethane Foam Antitrust Litigation
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Plaintiff: Direct Action Plaintiff(s)
Represented By: Vanessa Roberts Avery
Represented By: William J. Blechman
Represented By: Stephen A. Brandon
Represented By: Meegan F. Hollywood
Represented By: William Liston, III
Represented By: James P. Lynch
Represented By: Kurt M. Rupert
Represented By: Hollis L. Salzman
Represented By: Chahira Solh
Represented By: David W. Wicklund
Represented By: Eric W. Wiechmann
Represented By: Melissa B. Willett
Represented By: Adam B. Wolfson
Represented By: Douglas H. Patton
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Plaintiff: Direct Purchaser Class
Represented By: William J. Blechman
Represented By: Meegan F. Hollywood
Represented By: William Liston, III
Represented By: James P. Lynch
Represented By: Kurt M. Rupert
Represented By: Hollis L. Salzman
Represented By: David W. Wicklund
Represented By: Eric W. Wiechmann
Represented By: Melissa B. Willett
Represented By: Adam B. Wolfson
Represented By: Lee Albert
Represented By: Ronald J. Aranoff
Represented By: Kimberly A. Conklin
Represented By: Robert G. Eisler
Represented By: Seth R. Gassman
Represented By: Sathya S. Gosselin
Represented By: Aaron M. Sheanin
Represented By: Brian R. Strange
Represented By: Stephen A. Weiss
Represented By: Sanford I. Weisburst
Represented By: William A. Isaacson
Represented By: Melissa Felder
Represented By: William C. Price
Represented By: Mindee J. Reuben
Represented By: Carmen A. Medici
Represented By: Stephen R. Neuwirth
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Plaintiff: Indirect Purchaser Class
Represented By: William J. Blechman
Represented By: Meegan F. Hollywood
Represented By: William Liston, III
Represented By: James P. Lynch
Represented By: Kurt M. Rupert
Represented By: Hollis L. Salzman
Represented By: David W. Wicklund
Represented By: Eric W. Wiechmann
Represented By: Adam B. Wolfson
Represented By: Kimberly A. Conklin
Represented By: Brian R. Strange
Represented By: Lori A. Fanning
Represented By: Richard M. Kerger
Represented By: Marvin A. Miller
Represented By: Linda R. Van Tine
Represented By: Robert C. Schubert
Represented By: Jay B. Shapiro
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Plaintiff: Indirect Purchasers
Represented By: William J. Blechman
Represented By: Meegan F. Hollywood
Represented By: James P. Lynch
Represented By: Kurt M. Rupert
Represented By: Hollis L. Salzman
Represented By: David W. Wicklund
Represented By: Eric W. Wiechmann
Represented By: Adam B. Wolfson
Represented By: Kimberly A. Conklin
Represented By: Lori A. Fanning
Represented By: Richard M. Kerger
Represented By: Marvin A. Miller
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Defendant: Defendants Liaison Counsel
Represented By: Michael R. Hoernlein
Represented By: Bethany G. Lukitsch
Represented By: Deborah Pollack-Milgate
Represented By: Kendall Millard
Represented By: James H. Walsh
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Petitioner: Arsenal Capital Partners
Represented By: Matthew P. McGuire
Represented By: Thomas Gray Walker
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Special master: David Rosenblum Cohen
Represented By: David Rosenblum Cohen
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Intervenor: The Dow Chemical Company
Represented By: M. Neal Rains
Represented By: David M. Bernick
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