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: 15:1
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
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 Copy of #2169 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 5/19/2017. (D,L)
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 4, 2017 Copy of #2166 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 5/4/2017. (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)
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 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 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 Copy of #2163 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 4/11/2017. (D,L)
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 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 Copy of #2160 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 4/4/2017. (D,L)
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)
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 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 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 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 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 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 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 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 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 Copy of #2148 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 2/14/2017. (D,L)
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 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 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 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 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 Copy of #2133 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 1/9/2017. (D,L)
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).
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 Copy of #2129 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 12/30/2016. (D,L)
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 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 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 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 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 Copy of #2116 mailed to Christopher Andrews at P.O. Box 530394, Livonia, MI 48153-0394 on 11/15/2016. (D,L)
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 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 Copy of #2104 Order on Motion for reconsideration, mailed to Christopher Andrews on 7/12/2016. Related document(s) #2104 . (R,Sh)
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 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 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)
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 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)
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 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 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 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 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 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 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 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 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 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 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 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 Copy of #1807 Order mailed to Mr. Michael Narkin at 85391 Chezem Road, Eugene, OR 97405 on 7/8/2015. (K,K)
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 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 Copy of #1701 Order mailed to Michael Narkin at 85391 Chezem Road, Eugene, OR 97405 on 5/19/2015. (K,K)
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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)
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).
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