IN RE: CERTAINTEED CORP. ROOFING SHINGLE PRODUCTS LIABILITY LITIGATION Featured Case
Case Number: 2:2007md01817
Filed: February 16, 2007
Court: US District Court for the Eastern District of Pennsylvania
Office: Philadelphia Office
County: Philadelphia
Presiding Judge: LOUIS H. POLLAK
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 26, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 26, 2010 Filing 137 Objections by PLAINTIFF(S) re 123 Order,,,,, Terminate Motions,,,,. (Attachments: # 1 Appendix of Objectors, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D - Part 1, # 6 Exhibit D - Part 2, # 7 Affidavit Rene DuPuis Affidavit, # 8 Affidavit Edgar C. Gentle Affidavit, # 9 Gillian Hadfield Declaration, # 10 Affidavit James Lindsey Affidavit)(LEDGARD, DON)
April 26, 2010 Filing 136 NOTICE of Appearance by JAMES T. CAPRETZ on behalf of PLAINTIFF(S). (tjd)
April 23, 2010 Filing 135 NOTICE of Appearance by DON K. LEDGARD on behalf of PLAINTIFF(S) with Certificate of Service(LEDGARD, DON)
April 22, 2010 Filing fee: $ 40.00, receipt number PPE021406 Re: Pro Hac Vice for Steven N. Berk. (tjd)
April 22, 2010 Opinion or Order Filing 134 ORDER THAT OBJECTING CLASS MEMBERS' EMERGENCY MOTION TO UNSEAL THE CLASS CERTIFICATION MEMORANDUM AND ACCOMPANYING EXHIBITS WILL BE GRANTED SUBJECT TO THE CONDITIONS SET FORTH IN ARLENE FICKLER'S LETTER TO JAMES T. CAPRETZ DATED APRIL 21, 2010; COUNSEL ARE DIRECTED TO JOINTLY PREPARE A PROPOSED ORDER TO THIS AFFECT. SIGNED BY HONORABLE LOUIS H. POLLAK ON 4/22/2010; 4/22/2010 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (APPLIES TO C.A. 06-4243). (tjd)
April 21, 2010 Filing 133 Emergency MOTION to Unseal Document 78 Memorandum filed by PLAINTIFF(S) filed by PLAINTIFF(S). Objecting Class Members' Emergency Motion to Unseal. Motions referred to M. FAITH ANGELL. Certificate of Service. (Attachments: # 1 Declaration of James T. Capretz, # 2 Exhibit Exhibits A-F, # 3 Proposed Order)(COHEN, DAVID) Modified on 4/22/2010 (tjd).
April 21, 2010 Filing 132 NOTICE of Appearance by DAVID J. COHEN on behalf of PLAINTIFF(S) (COHEN, DAVID)
April 19, 2010 Filing 131 Objections by PLAINTIFF(S) Roger Dunker (Objection to Class Settlement And Request For An Increased Service Reward). Certificate of Service. (JOHNSON, SCOTT) Modified on 4/21/2010 (tjd).
April 19, 2010 Filing 130 MOTION for Pro Hac Vice filed by PLAINTIFF(S).Motion to Admission Pro Hac Vice of Steven N. Berk.Motions referred to M. FAITH ANGELL.(JOHNSON, SCOTT)
April 19, 2010 Filing 129 MOTION to Substitute Attorney Jonathan W. Cuneo, Charles J. LaDuca & Alexandra Warren filed by PLAINTIFF(S).Certificate of Service.Motions referred to M. FAITH ANGELL.(JOHNSON, SCOTT)
April 19, 2010 Filing 128 NOTICE of Appearance by SCOTT K. JOHNSON on behalf of PLAINTIFF(S) with Certificate of Service(JOHNSON, SCOTT)
March 29, 2010 Filing 127 Notice of Filing of Official Transcript with Certificate of Service re 126 Transcript - PDF, 125 Transcript - PDF, 3/29/2010 Entered and Copies Emailed to Liaison Counsel. (tjd)
March 29, 2010 Filing 126 TRANSCRIPT of Hearing held on 12/29/2009 before The Honorable Louis H. Pollak. Court Reporter/Transcriber Diana Doman Transcribing. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/16/2010. Redacted Transcript Deadline set for 4/26/2010. Release of Transcript Restriction set for 6/24/2010. (tjd)
March 29, 2010 Filing 125 TRANSCRIPT of Hearing held on 12/22/2009 before The Honorable Louis H. Pollak. Court Reporter/Transcriber Diana Doman Transcribing. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/16/2010. Redacted Transcript Deadline set for 4/26/2010. Release of Transcript Restriction set for 6/24/2010. (tjd)
March 4, 2010 Opinion or Order Filing 124 STIPULATION AND ORDER THAT PLAINTIFFS AND CERTAINTEED CORPORATION AGREE THAT PARAGRAPH 10 OF THE PRELIMINARY APPROVAL ORDER SHOULD BE AMENDED AS OUTLINED IN THIS ORDER, ETC. SIGNED BY HONORABLE LOUIS H. POLLAK ON 3/4/10; 3/5/10 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (APPLIES TO ALL CASES).(tjd)
December 29, 2009 Opinion or Order Filing 123 ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT, CERTIFYING CASE AS A CLASS ACTION IN LIGHT OF THE SETTLEMENT, DEFINING SETTLEMENT CLASS, AND PROVIDING FOR NOTICE OF SETTLEMENT CLASS CERTIFICATION, SETTLEMENT, AND SETTLEMENT HEARING AS OUTLINED IN THIS ORDER, ETC.; A FINAL APPROVAL HEARING IS HEREBY SET FOR JUNE 8, 2010 AT 10:00 AM IN COURTROOM 16-B; AT LEAST 14 DAYS BEFORE THE FINAL APPROVAL HEARING THE PARTIES SHALL FILE A MOTION REQUESTING THAT THE COURT GRANT FINAL APPROVAL OF SETTLEMENT, ETC.; ON OR BEFORE ONE WEEK BEFORE THE FINAL APPROVAL HEARING NAMED PLAINTIFFS AND CERTAINTEED MAY FILE MEMORANDA OF LAW RESPONDING TO ANY OBJECTIONS OF SETTLEMENT CLASS MEMBERS FILED WITH THE COURT; CLASS COUNSEL SHALL FILE WITH THE COURT THEIR PETITION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES NO LATER THAN 35 DAYS BEFORE THE FINAL APPROVAL HEARING. SIGNED BY HONORABLE LOUIS H. POLLAK ON 12/29/09; 12/29/09 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (APPLIES TO ALL CASES).(tjd)
December 29, 2009 Filing 122 Minute Sheet for proceedings held before HONORABLE LOUIS H. POLLAK: Status Conference held on 12/29/09. Court Reporter: Nelson Malave. (tjd)
December 29, 2009 Filing 121 AMENDED DOCUMENT by PLAINTIFF(S). Amendments to Agreement of Compromise and Settlement. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(LEVIN, ARNOLD)
December 22, 2009 Filing 120 Minute Entry for proceedings held before HONORABLE LOUIS H. POLLAK: Status Conference held on 12/22/09. Court Reporter: Nelson Malave. Further Conference Scheduled for December 29, 2009 at 10:30 am and a Final Hearing Scheduled for June 8, 2010 at 10:00 am. (tjd)
December 18, 2009 Filing 119 RESPONSE in Support re 116 MOTION for Settlement MOTION for Approval filed by CERTAINTEED CORP. ROOFING SHINGLE PRODUCTS LIABILTY LITIGATION, CERTAINTEED CORPORATION. Certificate of Service. (Attachments: # 1 Exhibit A-partI, # 2 Exhibit A part II, # 3 Exhibit A part III, # 4 Exhibit B, # 5 Exhibit C)(MARKOWITZ, TAMMI) Modified on 12/22/2009 (tjd).
December 17, 2009 Opinion or Order Filing 118 ORDER THAT THE CONFERENCE SCHEDULED FOR TUESDAY, DECEMBER 22, 2009 HAS BEEN RESCHEDULED UNTIL WEDNESDAY, DECEMBER 23, 2009 AT 10:30 A.M. IN COURTROOM 16-B. SIGNED BY HONORABLE LOUIS H. POLLAK ON 12/17/09. 12/17/09 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(kk, )
December 16, 2009 Opinion or Order Filing 117 ORDER THAT A CONFERENCE WILL BE HELD ON TUESDAY, DECEMBER 22, 2009 AT 11:00 A.M. IN COURTROOM 16B. SIGNED BY HONORABLE LOUIS H. POLLAK ON 12/16/09. 12/16/09 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(kk)
December 15, 2009 Filing 116 MOTION FOR THE PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT filed by PLAINTIFF(S). Memorandum In Support of Plaintiffs' Motion for Settlement Approval. Motions referred to M. FAITH ANGELL. Declaration. (Attachments: # 1 Affidavit Declaration of Michael McShane in Support of Plaintiffs' Motion for Preliminary Approval of Class Action Settlement)(MCSHANE, MICHAEL) Modified on 12/16/2009 (tjd).
October 6, 2009 Filing 115 Certified Copy of Order from the Judicial Panel on Multidistrict Litigation that pursuant to 28 U.S.C. 1407 this action is transferred to the ED-PA and assigned to the Honorable Louis H. Pollak for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket: IL-N, 1:09-3535. (tjd)
September 24, 2009 Filing 114 NOTICE by PLAINTIFF(S) of Change of Firm Name and Address (MASON, GARY)
September 16, 2009 Opinion or Order Filing 113 STIPULATION AND ORDER THAT CERTAINTEED STARTING NO LATER THAN 8/25/09 SHALL SEND THE NOTICE IN EXHIBIT A TO EACH PROPOERTY OWNER WHO HAS CERTAINTEED ORGANIC ROOFING SHINGLES, ETC. SIGNED BY HONORABLE LOUIS H. POLLAK ON 9/15/09; 9/16/09 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO ALL CASES).(tjd)
August 25, 2009 Filing 112 Minute Entry for proceedings held before HONORABLE LOUIS H. POLLAK: Status Conference held on 8/5/09. Court Reporter: N. Malave. (ah)
August 5, 2009 Opinion or Order Filing 111 STIPULATION AND ORDER THAT THE DECEMBER 14, 2007 ORDER BE MODIFIED AS FOLLOWS: STARTING NO LATER THAN 20 DAYS AFTER THE ENTRY OF THIS ORDER CERTAINTEED SHALL SEND THE NOTICE TO EACH PROPERTY OWNER WHO HAS CERTAINTEED ORGANIC ROOFING SHINGLES, ETC.; THE NOTICE WILL BE SENT IN THE SAME MAILING IN WHICH CERTAINTEED COMMUNICATES ITS WARRANTY SETTLEMENT OFFER TO EACH SUCH PROPERTY OWNER; THIS ORDER APPLIES ONLY TO ORGANIC ROOFING SHINGLES MANUFACTURED AND SOLD BY CERTAINTEED SINCE 1987, ETC. SIGNED BY HONORABLE LOUIS H. POLLAK ON 8/5/09; 8/5/09 ENTERED AND COPIES E-MAILED. (APPLIES TO ALL CASES).(tjd)
July 29, 2009 Opinion or Order Filing 110 STIPULATION AND ORDER THAT THE REMAINING DEADLINES FOR BRIEFING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION SHOULD BE AS SET FORTH BELOW: 8/27/09: LAST DAY FOR DEFENDANT TO FILE (1) EXPERT REPORT ON CLASS CERTIFICATION; AND (2) OPPOSITION TO MOTION FOR NATIONAL AND STATE CLASS CERTIFICATIONS; 9/28/09: LAST DAY FOR PLAINTIFFS TO FILE (1) REBUTTAL EXPERT REPORT RE: CLASS CERTIFICATION; AND (2) REPLY PAPERS IN SUPPORT OF MOTION FOR NATIONAL AND STATE CLASS CERTIFICATION REPLY. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 7/28/09; 7/30/09 ENTERED AND COPIES E-MAILED. (APPLIES TO ALL CASES).(tjd)
July 23, 2009 Opinion or Order Filing 109 ORDER THAT A STATUS CONFERENCE WILL BE HELD ON AUGUST 5, 2009 AT 11:00 AM IN COURTROOM 16-B. SIGNED BY HONORABLE LOUIS H. POLLAK ON 7/23/09; 7/24/09 ENTERED AND COPIES MAILED TO LIAISON COUNSEL AND E-MAILED.(tjd)
July 7, 2009 Filing 108 Memorandum of Understanding Re: SETTLEMENT AGREEMENT by CERTAINTEED CORP. ROOFING SHINGLE PRODUCTS LIABILTY LITIGATION, PLAINTIFF(S). (SCHAFFER, CHARLES) Modified on 7/8/2009 (tjd).
June 29, 2009 Opinion or Order Filing 107 STIPULATION AND ORDER THAT THE REMAINING DEADLINES FOR BRIEFING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION SHOULD BE SET FORTH BELOW: JULY 28, 2009: LAST DAY FOR DEFENDANT TO FILE EXPERT REPORT ON CLASS CERTIFICATION AND OPPOSITION TO MOTION FOR NATIONAL AND STATE CLASS CERTIFICATIONS; AUGUST 28, 2009: LAST DAY FOR PLAINTIFFS TO FILE REBUTTAL EXPERT REPORT RE: CLASS CERTIFICATION AND REPLY PAPERS IN SUPPORT OF MOTION FOR NATIONAL AND STATE CLASS CERTIFICATION REPLY. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 6/28/09; 6/30/09 ENTERED AND COPIES MAILED TO LIAISON COUNSEL AND E-MAILED. (APPLIES TO ALL CASES).(tjd)
May 29, 2009 Opinion or Order Filing 106 STIPULATION AND ORDER THAT THE REMAINING DEADLINES FOR BRIEFING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION SHOULD BE SET FORTH BELOW: JUNE 29, 2009: LAST DAY FOR DEFENDANT TO FILE EXPERT REPORT ON CLASS CERTIFICATION AND OPPOSITION TO MOTION FOR NATIONAL AND STATE CLASS CERTIFICATIONS; JULY 29, 2009: LAST DAY FOR PLAINTIFFS TO FILE REBUTTAL EXPERT REPORT RE: CLASS CERTIFICATION AND REPLY PAPERS IN SUPPORT OF MOTION FOR NATIONAL AND STATE CLASS CERTIFICATION REPLY. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 5/28/09; 6/1/09 ENTERED AND COPIES MAILED TO LIAISON COUNSEL AND E-MAILED. (APPLIES TO ALL CASES).(tjd)
April 30, 2009 Opinion or Order Filing 105 STIPULATION AND ORDER THAT THE REMAINING DEADLINES FOR BRIEFING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION SHOULD BE AS SET FORTH BELOW: MAY 28, 2009: LAST DAY FOR DEFENDANT TO FILE EXPERT REPORT ON CLASS CERTIFICATION AND OPPOSITION TO MOTION FOR NATIONAL AND STATE CLASS CERTIFICATIONS; JUNE 29, 2009: LAST DAY FOR PLAINTIFFS TO FILE REBUTTAL EXPERT REPORT RE: CLASS CERTIFICATION AND REPLY PAPERS IN SUPPORT OF MOTION FOR NATIONAL AND STATE CLASS CERTIFICATION REPLY. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 4/28/09; 5/1/09 ENTERED AND COPIES MAILED TO LIAISON COUNSEL AND E-MAILED. (APPLIES TO ALL CASES).(tjd)
April 23, 2009 Filing 104 Defendant CERTAINTEED CORPORATION's Short-Form Answer and Affirmative Defenses to Plaintiff's Class Action Complaint. Certificate of Service. (Applies to C.A. 09-1433).(tjd)
April 16, 2009 Filing 103 Certified Copy of Conditional Transfer Order (CTO-5) from the Judicial Panel on Multidistrict Litigation that this action is transferred to the EDPA for coordinated or consolidated pretrial proceedings assigned to the Honorable Louis H. Pollak: Gross, SD-D, 4:09-4029. (tjd)
March 31, 2009 Opinion or Order Filing 102 STIPULATION AND ORDER THAT THE REMAINING DEADLINES FOR BRIEFING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION SHOULD BE AS SET FORTH BELOW: APRIL 14, 2009: LAST DAY FOR DEFENDANT TO FILE EXPERT REPORT ON CLASS CERTIFICATION AND OPPOSITION TO MOTION FOR NATIONAL AND STATE CLASS CERTIFICATIONS; MAY 16, 2009: LAST DAY FOR PLAINTIFFS TO FILE REBUTTAL EXPERT REPORT RE: CLASS CERTIFICATION AND REPLY PAPERS IN SUPPORT OF MOTION FOR NATIONAL AND STATE CLASS CERTIFICATION REPLY. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 3/30/09; 4/1/09 ENTERED AND COPIES MAILED TO LIAISON COUNSEL AND E-MAILED. (APPLIES TO ALL CASES).(tjd)
January 30, 2009 Opinion or Order Filing 101 STIPULATION AND ORDER THAT THE REMAINING DEADLINES FOR BRIEFING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION SHOULD BE AS SET FORTH BELOW: THE LAST DAY FOR DEFENDANT TO FILE (1) EXPERT ON CLASS CERTIFICATION; AND (2) OPPPOSITION TO MOTION FOR NATIONAL AND STATE CLASS CERTIFICATION IS MARCH 30, 2009. THE LAST DAY FOR PLAINTIFFS TO FILE (1) REBUTTAL EXPERT REPORT RE: CLASS CERTIFICATION; AND (2) REPLY PAPERS IN SUPPORT OF MOTION FOR NATIONAL AND STATE CLASS CERTIFICATION REPLY IS MAY 1, 2009. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 1/28/09. 2/2/09 ENTERED AND COPIES MAILED TO LIAISON COUNSEL AND E-MAILED. (APPLIES TO ALL CASES). (ah)
December 2, 2008 Filing 100 NOTICE by PLAINTIFF(S) that Robert P. Murrian withdraws as Counsel of record for Plaintiffs and Beecher A. Bartlett, Jr., and Kramer, Rayson, LLP enter their appearance (MURRIAN, ROBERT)
November 4, 2008 Filing 99 TRANSCRIPT of Hearing held on 10/6/08 before The Honorable M. Faith Angell. (tjd)
November 3, 2008 Opinion or Order Filing 98 STIPULATION AND ORDER RE: EXTENDING DEADLINES SET FORTH IN PTO NO. 3; JANUARY 29, 2009 LAST DAY FOR DEFENDANT TO FILE (1) EXPERT REPORT ON CLASS CERTIFICATION AND (2) OPPOSITION TO MOTION FOR NATIONAL AND STATE CLASS CERTIFICATIONS; MARCH 2, 2009 LAST DAY FOR PLAINTIFFS TO (1) FILE REBUTTAL EXPERT REPORT RE: CLASS CERTIFICATION AND (2) REPLY PAPERS IN SUPPORT OF MOTION FOR NATIONAL AND STATE CLASS CERTIFICATION REPLY. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 11/3/08; 11/4/08 ENTERED AND COPIES MAILED TO LIAISON COUNSEL. (APPLIES TO ALL CASES).(tjd)
October 30, 2008 Opinion or Order Filing 97 ORDER THAT PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF ELECTRONICALLY-STORED INFORMATION IS GRANTED IN PART AND DENIED IN PART AS OUTLINED IN THIS ORDER; DEFENDANT'S REQUEST TO DELAY ANY FURTHER ELECTRONIC DISCOVERY UNITL THE COURT RESOLVES THE CLASS CERTIFICATION MOTION IS DENIED, ETC. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 10/29/08; 10/31/08 ENTERED AND COPIES MAILED TO LIAISON COUNSEL. (APPLIES TO ALL CASES).(tjd)
October 20, 2008 Filing 96 RESPONSE in Opposition re 86 MOTION to Compel "Plaintiffs' Motion to Compel Electronically-Stored Information" Supplemental letter response pursuant to Court's direction filed by CERTAINTEED CORPORATION. (Attachments: # 1 Exhibit Supplemental Declaration of Rick Anderson)(FICKLER, ARLENE)
October 7, 2008 Filing 95 Minute Entry for proceedings held before MAGISTRATE JUDGE M. FAITH ANGELL: Oral Argument held on 10/6/08. (tjd)
October 3, 2008 Opinion or Order Filing 94 STIPULATION AND ORDER THAT THE REMAINING DEADLINES FOR BRIEFING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION SHOULD BE SET FORTH BELOW: OCTOBER 31, 2008 LAST DAY FOR DEFENDANTS TO FILE EXPERT REPORT ON CLASS CERTIFICATION AND OPPOSITION TO MOTION FOR NATIONAL AND STATE CLASS CERTIFICATIONS; DECEMBER 3, 2008 LAST DAY FOR PLAINTIFFS TO FILE REBUTTAL EXPERT REPORT RE: CLASS CERTIFICATION AND REPLY PAPERS IN SUPPORT OF MOTION FOR NATIONSL AND STATE CLASS CERTIFICATION REPLY. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 10/2/08; 10/3/08 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (APPLIES TO ALL ACTIONS).(tjd)
September 24, 2008 Opinion or Order Filing 93 ORDER THAT AN ORAL ARGUMENT ON PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF ELECTRONICALLY-STORED INFORMATION WILL BE HELD ON OCTOBER 6, 2008 AT 2:00 P.M. IN COURTROOM 7 OF THE ROBERT N.C. NIX BUILDING, ETC. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 9/23/08; 9/24/08 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (APPLIES TO ALL CASES).(tjd)
September 24, 2008 Opinion or Order Filing 92 STIPULATION AND ORDER THAT THE DEADLINES SET FORTH IN PTO NO. 3 ARE EXTENDED AS OUTLINED IN THIS ORDER: SEPTEMBER 30, 2008- LAST DAY FOR DEFENDANT TO FILE EXPERT REPORT ON CLASS CERTIFICATION AND OPPOSITION TO MOTION FOR NATIONAL AND STATE CLASS CERTIFICATIONS; OCTOBER 31, 2008- LAST DAY FOR PLAINTIFFS TO FILE REBUTTAL EXPERT RE: CLASS CERTIFICATION AND REPLY PAPERS IN SUPPORT OF MOTION FOR NATIONAL AND STATE CLASS CERTIFICATION REPLY. SIGNED BY HONORABLE M. FAITH ANGELL ON 9/23/08; 9/24/08 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (APPLIES TO ALL ACTIONS).(tjd) Modified on 9/24/2008 (tjd).
August 18, 2008 Filing 91 RESPONSE in Opposition re 86 MOTION to Compel "Plaintiffs' Motion to Compel Electronically-Stored Information" filed by CERTAINTEED CORPORATION. Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(FICKLER, ARLENE) Modified on 8/19/2008 (tjd).
August 15, 2008 Opinion or Order Filing 90 ORDER THAT PLAINTIFFS' MOTION TO STRIKE CERTAINTEED CORPORATION'S OBJECTIONS AND INSUFFICIENT RESPONSES TO PLAINTIFFS' DISCOVERY REQUESTS AND COMPEL FULL AND COMPLETE DISCOVERY FROM DEFENDANT CERTAINTEED CORPORATION IS DENIED. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 8/13/08; 8/18/08 ENTERED AND COPIES MAILED TO LIAISON COUNSEL AND E-MAILED. (APPLIES TO ALL CASES).(tjd)
July 31, 2008 Filing 89 EXHIBITS Filed Under Seal Re: Affidavit of Robert K. Shelquist in Support of Motion to Compel Discovery From Defendant Certainteed Corporation. (FILED UNDER SEAL). (tjd)
July 30, 2008 Filing 88 AFFIDAVIT re 86 MOTION to Compel "Plaintiffs' Motion to Compel Electronically-Stored Information" "Afffidavit of Robert K. Shelquist in Support of Motion to Compel Discovery From Defendant CertainTeed Corporation" by PLAINTIFF(S). (MCSHANE, MICHAEL)
July 30, 2008 Filing 87 Memorandum of Law in Support re 86 MOTION to Compel "Plaintiffs' Motion to Compel Electronically-Stored Information" filed by PLAINTIFF(S). Certificate of Service.(MCSHANE, MICHAEL) Modified on 7/31/2008 (tjd).
July 30, 2008 Filing 86 MOTION to Compel "Plaintiffs' Motion to Compel Electronically-Stored Information" filed by PLAINTIFF(S). Certificate of Service. (MCSHANE, MICHAEL) Modified on 7/31/2008 (tjd).
June 30, 2008 Filing 85 RESPONSE in Opposition re 83 First MOTION to Strike Defendant CertainTeed Corporation's Objections and Insufficient Responses to Plaintiffs' Discovery Requests and Compel Full and Complete Discovery from Defendant CertainTeed Corporation filed by CERTAINTEED CORPORATION. Certificate of Service. (Attachments: # 1 Exhibit A-Part I, # 2 Exhibit A-Part II, # 3 Exhibit A-Part III, # 4 Exhibit A Part IV, # 5 Exhibit B, # 6 Exhibit C)(MARKOWITZ, TAMMI) Modified on 7/1/2008 (tjd).
June 16, 2008 Filing 84 Praecipe to Amend Exhibits "A" and "B" of Plaintiffs' Motion to Strike Defendant CertainTeed Corporation's Objections and Insufficient Responses to Plaintiffs' Discovery Requests and Compel Full and Complete Discovery From Defendant CertainTeed Corporation by PLAINTIFF(S). Certificate of Service. (SCHAFFER, CHARLES) Modified on 6/17/2008 (tjd).
June 13, 2008 Filing 83 First MOTION to Strike Defendant CertainTeed Corporation's Objections and Insufficient Responses to Plaintiffs' Discovery Requests and Compel Full and Complete Discovery from Defendant CertainTeed Corporation filed by PLAINTIFF(S).Memorandum, Certificate of Service.(SCHAFFER, CHARLES)
June 5, 2008 Opinion or Order Filing 82 STIPULATION AND ORDER RE: THE REMAINING DEADLINES FOR BRIEFING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION; AUGUST 29, 2008: LAST DAY FOR DEFENDANT TO FILE (1) EXPERT REPORT ON CLASS CERTIFICATION AND (2) OPPOSITION TO MOTION FOR NATIONAL AND STATE CLASS CERTIFICATIONS; SEPTEMBER 30, 2008: LAST DAY FOR PLAINTIFFS TO FILE (1) REBUTTAL EXPERT REPORT RE: CLASS CERTIFICATION AND (2) REPLY PAPERS IN SUPPORT OF MOTION FOR NATIONAL AND STATE CLASS CERTIFICATION REPLY. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 6/4/08; 6/6/08 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (APPLIES TO ALL CASES).(tjd)
June 4, 2008 Filing 81 ANSWER to Complaint with Affirmative Defenses of Richard Elliott by CERTAINTEED CORPORATION, Certificate of Service.(MARKOWITZ, TAMMI) Modified on 6/10/2008 (fh)
May 21, 2008 Filing 80 Certified Copy of Conditional Transfer Order (CTO-4) from the Judicial Panel on Multidistrict Litigation that these two actions are transferred to the EDPA for coordinated or consolidated pretrial proceedings assigned to the Honorable Louis H. Pollak: Elliott, SD-OH, 1:08-252. (tjd)
May 14, 2008 Filing 79 STIPULATION re 54 Order To Further Extend Deadlines Set Forth in Pretrial Order No. 3 by CERTAINTEED CORP. ROOFING SHINGLE PRODUCTS LIABILTY LITIGATION.**(FILED IN ERROR, COPY SENT TO CHAMBERS FOR APPROVAL)** (MARKOWITZ, TAMMI) Modified on 5/15/2008 (tjd).
April 1, 2008 Filing 78 PLAINTIFFS' Memorandum of Law Filed Under Seal in Support of Plaintiffs' Motion for Class Certification. Exhibits A-OO Filed Under Seal. (Applies to All Cases). (FILED UNDER SEAL). (tjd)
April 1, 2008 Filing 77 MOTION to Certify Class filed by PLAINTIFF(S).Certificate of Service.(SCHAFFER, CHARLES)
April 1, 2008 Filing 76 NOTICE by PLAINTIFF(S) Regarding Sealed Documents (SCHAFFER, CHARLES)
March 17, 2008 Filing 75 NOTICE of Appearance by TAMMI MARKOWITZ on behalf of CERTAINTEED CORPORATION with Certificate of Service(MARKOWITZ, TAMMI)
February 20, 2008 Opinion or Order Filing 74 STIPULATION AND ORDER THAT THE TIME BY WHICH CERTAINTEED CORPORATION MUST RESPOND TO PLAINTIFF'S MOTION TO STRIKE AND TO COMPEL IS EXTENDED UNTIL APRIL 30, 2008; PLAINTIFF'S MOTION TO STRIKE DEFENDANT CERTAINTEED'S OBJECTIONS AND INSUFFICIENT RESPONSES TO PLAINTIFFS' DISCOVERY REQUESTS AND COMPEL FULL AND COMPLETE DISCOVERY FROM DEFENDANT CERTAINTEED IS DISMISSED WITHOUT PREJUDICE TO RENEW AFTER APRIL 30, 2008. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 2/19/08; 2/21/08 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (APPLIES TO ALL CASES).(tjd)
February 7, 2008 Filing 73 STIPULATION re 55 MOTION to Strike Defendant CertainTeed's Objections and Insufficient Responses to Plaintiffs' Discovery Requests and Compel Full and Complete Discovery from Defendant CertainTeed TO FURTHER EXTEND THE TIME FOR CERTAINTEED TO RESPOND by PLAINTIFF(S), CERTAINTEED CORPORATION.**(FILED IN ERROR, COPY SENT TO CHAMBERS FOR APPROVAL)** (FICKLER, ARLENE) Modified on 2/8/2008 (tjd).
February 5, 2008 Filing 72 SHORT-FORM ANSWER to Complaint together with Affirmative Defenses to Plaintiff's Class Action Complaint of Flathmann by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 2/6/2008 (tjd).
February 5, 2008 Filing 71 SHORT-FORM ANSWER to Complaint together with Affirmative Defenses to Plaintiff's Class Action Complaint of Swartz by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 2/6/2008 (tjd).
February 5, 2008 Filing 70 SHORT-FORM ANSWER to Complaint together with Affirmative Defenses to Plaintiff's Class Action Complaint of Cassidy by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 2/6/2008 (tjd).
February 5, 2008 Filing 69 SHORT-FORM ANSWER to Complaint together with Affirmative Defenses to Plaintiff's Class Action Complaint of George by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 2/6/2008 (tjd).
February 5, 2008 Filing 68 SHORT-FORM ANSWER to Complaint together with Affirmative Defenses to Plaintiff's Class Action Complaint of Anderson by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 2/6/2008 (tjd).
January 14, 2008 Filing 67 NOTICE of Appearance by KIMBERLY MARISA LITMAN KIMMEL on behalf of PLAINTIFF(S) with Certificate of Service(LITMAN KIMMEL, KIMBERLY)
January 14, 2008 Filing 66 NOTICE of Appearance by KIMBERLY A. SANDERS on behalf of PLAINTIFF(S) with Certificate of Service(SANDERS, KIMBERLY)
January 11, 2008 Filing 65 STIPULATION re 55 MOTION to Strike Defendant CertainTeed's Objections and Insufficient Responses to Plaintiffs' Discovery Requests and Compel Full and Complete Discovery from Defendant CertainTeed TO FURTHER EXTEND TIME by PLAINTIFF(S), CERTAINTEED CORPORATION.**(FILED IN ERROR, COPY TO CHAMBERS FOR APPROVAL)** (WAKSMAN, JEFFREY) Modified on 1/14/2008 (tjd).
December 19, 2007 Filing 64 NOTICE of Appearance by SUSAN K. HERSCHEL on behalf of CERTAINTEED CORP. ROOFING SHINGLE PRODUCTS LIABILTY LITIGATION, CERTAINTEED CORPORATION with Certificate of Service(HERSCHEL, SUSAN)
December 14, 2007 Opinion or Order Filing 63 ORDER THAT PURSUANT TO 28 U.S.C. 636(b)(1)(A), F.R.C.P. 72(a) AND L.R.C.P. 72.1(I)(e) THIS CASE IS ASSIGNED TO THE HONORABLE M. FAITH ANGELL, MAGISTRATE JUDGE FOR FURTHER PRETRIAL MANAGEMENT PURPOSES. SIGNED BY HONORABLE LOUIS H. POLLAK ON 12/14/07; 12/14/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (APPLIES TO ALL CASES).(tjd)
December 14, 2007 Opinion or Order Filing 62 ORDER THAT THE ORAL ARGUMENT AND STATUS CONFERENCE SCHEDULED FOR DECEMBER 18, 2007 AT 3:00 P.M. IS HEREBY CANCELLED. SIGNED BY HONORABLE LOUIS H. POLLAK ON 12/14/07; 12/14/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (APPLIES TO ALL CASES).(tjd)
December 14, 2007 Opinion or Order Filing 61 ORDER THAT STARTING NO LATER THAN TWENTY DAYS AFTER THE ENTRY OF THIS ORDER CERTAINTEED SHALL SEND THE NOTICE IN THE FORM ATTACHED AS EXHIBIT A TO EACH PROPERTY OWNER WHO HAS APPLIED CERTAINTEED ROOFING SHINGLES TO THEIR ROOF AND TO WHOM CERTAINTEED OFFERS A WARRANTY SETTLEMENT UPON EXECUTION OF ITS SURESTART RELEASE, ITS GENERAL RELEASE OR ANY OTHER GENERAL RELEASE THAT RELEASES CERTAINTEED FROM LIABILITY ARISING FROM THE PROPERTY OWNER'S PURCHASE, APPLICATION, OR USE OF CERTAINTEED'S ROOFING SHINGLE PRODUCTS; THE NOTICE WILL BE SENT IN THE SAME MAILING IN WHICH CERTAINTEED COMMUNICATES ITS WARRANTY SETTLEMENT OFFER TO EACH SUCH PROPERTY OWNER; THIS ORDER APPLIES ONLY TO ROOFING SHINGLES MANUFACTURED AND SOLD BY CERTAINTEED SINCE 1987. SIGNED BY HONORABLE LOUIS H. POLLAK ON 12/14/07; 12/14/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (APPLIES TO ALL CASES).(tjd)
December 14, 2007 Opinion or Order Filing 60 STIPULATION AND ORDER THAT THE TIME BY WHICH CERTAINTEED MUST RESPOND TO PLAINTIFFS' MOTION TO STRIKE DEFENDANTS OBJECTIONS IS EXTENDED UNTIL JANUARY 11, 2008. SIGNED BY HONORABLE LOUIS H. POLLAK ON 12/14/07; 12/14/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (APPLIES TO ALL CASES).(tjd)
December 13, 2007 Filing 59 Proposed Pretrial Order Related to CertainTeed's Communication with Putative Class Members by PLAINTIFF(S), CERTAINTEED CORPORATION. (FILED IN ERROR, COPY SENT TO CHAMBERS). (FICKLER, ARLENE) Modified on 12/14/2007 (tjd).
December 12, 2007 Filing 58 STIPULATION re 55 MOTION to Strike Defendant CertainTeed's Objections and Insufficient Responses to Plaintiffs' Discovery Requests and Compel Full and Complete Discovery from Defendant CertainTeed by PLAINTIFF(S), CERTAINTEED CORPORATION. (WAKSMAN, JEFFREY)
November 29, 2007 Filing 57 NOTICE of Appearance by STEVEN A. SCHWARTZ on behalf of PLAINTIFF(S) with Certificate of Service(SCHWARTZ, STEVEN)
November 29, 2007 Filing 56 Praecipe to Amend Exhibits A and B to 55 MOTION to Strike Defendant CertainTeed's Objections and Insufficient Responses to Plaintiffs' Discovery Requests and Compel Full and Complete Discovery from Defendant CertainTeed. Exhibits, Certificate of Service. (Attachments: # 1 Exhibit A# 2 Exhibit B)(SCHAFFER, CHARLES) Modified on 11/30/2007 (tjd).
November 21, 2007 Filing 55 MOTION to Strike Defendant CertainTeed's Objections and Insufficient Responses to Plaintiffs' Discovery Requests and Compel Full and Complete Discovery from Defendant CertainTeed filed by PLAINTIFF(S).Memorandum, Certificate of Service.(SCHAFFER, CHARLES)
November 20, 2007 Opinion or Order Filing 54 STIPULATION AND ORDER RE: AMENDMENT TO DEADLINES SET FORTH IN PRETRIAL ORDER NO. 3 AS OUTLINED IN THIS ORDER, ETC. SIGNED BY JUDGE LOUIS H. POLLAK ON 11/10/07; 11/20/07 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO ALL CASES).(tjd)
November 20, 2007 Opinion or Order Filing 53 ORDER THAT THE ORAL ARGUMENT AND STATUS CONFERENCE SCHEDULED FOR NOVEMBER 26, 2007 AT 10:30 A.M. IS HEREBY RESCHEDULED UNTIL DECEMBER 18, 2007 AT 3:00 P.M.; IT WILL BE HELD IN COURTROOM 7, SECOND FLOOR, ROBERT C. NIX FEDERAL BUILDING, ETC. SIGNED BY JUDGE LOUIS H. POLLAK ON 11/20/07; 11/20/07 ENTERED AND COPIES MAILED AND E-MAILED. (tjd)
November 13, 2007 Opinion or Order Filing 52 ORDER THAT THE STATUS CONFERENCE SCHEDULED FOR MONDAY, NOVEMBER 26, 2007 AT 10:30AM BEFORE JUDGE POLLAK AND MAGISTRATE JUDGE ANGELL IS CANCELLED, ETC. SIGNED BY JUDGE LOUIS H. POLLAK. 11/14/07 ENTERED AND COPIES MAILED AND E-MAILED.(sc, )
November 8, 2007 Filing 51 STIPULATION To Amend Deadlines Set Forth In Pretrial Order No. 3 by PLAINTIFF(S), CERTAINTEED CORPORATION. (FORWARD TO JUDGE FOR APPROVAL) (WAKSMAN, JEFFREY) Modified on 11/9/2007 (sc, ).
November 7, 2007 Opinion or Order Filing 50 ORDER THAT A STATUS CONFERENCE WILL BE HELD ON MONDAY, NOVEMBER 26, 2007 AT 10:30AM BEFORE THE HONORABLE LOUIS H. POLLAK AND MAGISTRATE JUDGE ANGELL; THIS CONFERENCE WILL BE HELD IN COURTROOM 7 (COURT OF APPEALS COURTROOM), SECOND FLOOR, ROBERT N.C. NIX, SR., FEDERAL BUILDING, ETC. SIGNED BY JUDGE LOUIS H. POLLAK. 11/8/07 ENTERED AND COPIES MAILED AND E-MAILED.(sc, )
October 26, 2007 Filing 49 RESPONSE in Opposition re 33 MOTION For an Order to Protect the Class and Fair Conduct of this Action Pursuant to Federal Rule of Civil Procedure 23(d) Regulating Communications with Members of the Putative Class MOTION For an Order to Protect the Class and Fair Conduct of this Action Pursuant to Federal Rule of Civil Procedure 23(d) Regulating Communications with Members of the Putative Class filed by CERTAINTEED CORPORATION. Exhibits, Certificate of Service. (Attachments: # 1 Exhibit Exhibit B Part 1# 2 Exhibit Exhibit B Part 2a# 3 Exhibit Exhibit B Part 2b# 4 Exhibit Exhibit B Part 2c# 5 Exhibit Exhibit B Part 3# 6 Exhibit Exhibit B Part 4# 7 Text of Proposed Order Proposed Order)(WAKSMAN, JEFFREY) Modified on 10/29/2007 (tjd).
October 12, 2007 Filing 48 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO HARPER COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 12, 2007 Filing 47 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO ELDRIDGE COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 12, 2007 Filing 46 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO FITZNER COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 12, 2007 Filing 45 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO CROCCO COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service.(FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 12, 2007 Filing 44 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO CONRAD COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 12, 2007 Filing 43 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO BRENDEN COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 12, 2007 Filing 42 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO HELMICK COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 12, 2007 Filing 41 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO BOBBE COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 12, 2007 Filing 40 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO CHIACCHIERINI COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 12, 2007 Filing 39 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO BUTZ COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 12, 2007 Filing 38 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO HOLLIS COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 12, 2007 Filing 37 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO JOHNSON COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 12, 2007 Filing 36 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO ROBINSON COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 12, 2007 Filing 35 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO RYBARCZYK COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service.(FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 12, 2007 Filing 34 SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO VENHAUS COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
October 9, 2007 Filing 33 MOTION For an Order to Protect the Class and Fair Conduct of this Action Pursuant to Federal Rule of Civil Procedure 23(d) Regulating Communications with Members of the Putative Class filed by PLAINTIFF(S).Memorandum, Declaration, Certificate of Service.(SCHAFFER, CHARLES)
September 27, 2007 Filing 32 STIPULATED ORDER ALLOWING THE FILING BY DEFENDANT CERTAINTEED CORPORATION OF A SHORT-FORM ANSWER AND AFFIRMATIVE DEFENSES IN RESPONSE TO COMPLAINTS IN THIS MDL LITIGATION AS OUTLINED IN THIS ORDER. SIGNED BY JUDGE LOUIS H. POLLAK ON 9/26/07; 9/27/07 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO ALL CASES).(tjd)
September 26, 2007 Filing 31 NOTICE of Appearance by RICHARD A. LOCKRIDGE on behalf of PLAINTIFF(S) with Certificate of Service(LOCKRIDGE, RICHARD)
September 25, 2007 Filing 30 STIPULATION for Order Allowing the Filing by Defendant CertainTeed Corp. of a Short-Form Answer and Affirmative Defenses by PLAINTIFF(S), CERTAINTEED CORPORATION.**(FILED IN ERROR, COPY SENT TO CHAMBERS FOR APPROVAL)** (WAKSMAN, JEFFREY) Modified on 9/26/2007 (tjd).
August 9, 2007 Opinion or Order Filing 29 ORDER THAT THE MOTION OF THE LAW FIRM OF SEEGER WEISS LLP IS GRANTED; THE LAW FIRM OF SEEGER WEISS LLP IS SUBSTITUTED AS CLASS COUNSEL FOR THE LAW FIRM OF SHELLER, LUDWIG & BADEY, P.C. SIGNED BY JUDGE LOUIS H. POLLAK ON 8/8/07; 8/10/07 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO C.A. 06-4243).(tjd)
August 3, 2007 Filing 28 JOINT STATUS REPORT No. 2 by PLAINTIFF(S), CERTAINTEED CORPORATION. Certificate of Service. (WAKSMAN, JEFFREY) Modified on 8/6/2007 (tjd).
July 30, 2007 Filing 26 MOTION to Substitute Attorney and for Change of Address filed by PLAINTIFF(S).Certificate of Service.(SHUB, JONATHAN)
July 26, 2007 Filing 25 Letter to Lawrence T. Hoyle and Arlene Fickler Re: Court's Request for Submission of a Joint Status Report by August 3, 2007; certainTeed's answer and affirmative defenses which was originally filed in C.A. 06-4117 must be cross-filed in the MDL docket 07-1817; All future filings relating to any of the CertainTeed MDL cases must be cross-filed on the MDL docket first and then all applicable civil cases. (Applies to All Actions). (tjd)
July 26, 2007 Filing 24 Letter to Arnold Levin Re: Court's Request for Submission of a Joint Status Report by August 3, 2007; All filings relating to any of the CertainTeed MDL cases must be cross-filed on the MDL docket first and then all applicable civil cases. (Applies to All Actions). (tjd) Additional attachment(s) added on 7/27/2007 (tjd, ).
July 13, 2007 Filing 23 Certified Copy of Conditional Transfer Order (CTO-3) from the Judicial Panel on Multidistrict Litigation that these two actions are transferred to the EDPA for coordinated or consolidated pretrial proceedings assigned to the Honorable Louis H. Pollak: Eldridge, DC-ND, 1:07-38; Helmick, DC-NE, 8:07-222. (tjd)
June 20, 2007 Filing 22 NOTICE by PLAINTIFF(S) to associate Christine P. Bartholomew & Finkelstein Thompson LLP with this case (SCHAFFER, CHARLES)
June 18, 2007 Filing 21 Certified Copy of Conditional Transfer Order (CTO-2) from the Judicial Panel on Multidistrict Litigation that these four actions are transferred to the EDPA for coordinated or consolidated pretrial proceedings assigned to the Honorable Louis H. Pollak: Rybarczyk, SD-IN, 1:07-576; Chiacchierini, WD-NY, 6:07-6210; Crocco, ND-OH, 1:07-1373. (tjd)
May 30, 2007 Filing 27 ANSWER to Complaint together with Affirmative Defenses to Plaintiffs' Consolidated Amended Class Action Complaint by CERTAINTEED CORPORATION. Certificate of Service. (WAKSMAN, JEFFREY) Modified on 8/3/2007 (tjd).
May 22, 2007 Filing 20 PRETRIAL ORDER NO. 4 THAT MICHAEL FLANNERY IS HEREBY APPOINTED AS A MEMBER OF PLAINTIFFS' EXECUTIVE COMMITTEE AND HE SHALL BEAR THE RESPONSIBILITY OF A MEMBER OF PLAINTIFFS' EXECUTIVE COMMITTEE AS OUTLINED IN THIS COURT'S PRETRIAL ORDER NO. 2. SIGNED BY JUDGE LOUIS H. POLLAK ON 5/16/07; 5/23/07 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO ALL CASES).(tjd)
May 1, 2007 Filing 19 MOTION to Appoint Counsel Michael Flannery as a member of the Executive Committee filed by PLAINTIFF(S).Certificate of Service.(SCHAFFER, CHARLES)
April 19, 2007 Filing 18 PRETRIAL ORDER NO. 3 RE: SETTING FORTH SCHEDULE FOR DISCOVERY AND PRETRIAL PROCEEDINGS; MAY 30, 2007: LAST DAY FOR CLASS REPRESENTATIVES IDENTIFIED IN EXHIBIT "A" TO FILE INITIAL DISCLOSURES PURSUANT TO FED.R.CIV.P. 26(a)(1) AND LAST DAY FOR DEFENDANT TO FILE A RESPONSE TO THE CONSOLIDATED AMENDED COMPLAINT AND FILE INITIAL DISCLOSURES PURSUANT TO FED.R.CIV.P. 26(a)(1); JUNE 29, 2007: LAST DAY FOR PLAINTIFFS TO FILE OPPOSITION TO ANY MOTION TO DISMISS; JUNE 30, 2007: LAST DAY FOR PARTIES TO RESPOND TO INITIAL WRITTEN DISCOVERY REQUESTS; JULY 17, 2007: LAST DAY FOR DEFENDANT TO FILE REPLY TO PLAINTIFF'S OPPOSITION TO ANY MOTION TO DISMISS; DECEMBER 3, 2007: LAST DAY FOR PLAINTIFFS TO FILE: EXPERT REPORT ON CLASS CERTIFICATION AND MOTION FOR NATIONAL AND STATE CLASS CERTIFICATIONS; FEBRUARY 4, 2008: LAST DAY FOR DEFENDANT TO FILE EXPERT REPORT ON CLASS CERTIFICATION AND OPPOSITION TO MOTION FOR NATIONAL AND STATE CLASS CERTIFICATIONS; MARCH 3, 2008: LAST DAY FOR PLAINTIFFS TO FILE REBUTTAL EXPERT REPORT RE: CLASS CERTIFICATION AND REPLY PAPERS IN SUPPORT OF MOTION FOR NATIONAL AND STATE CLASS CERTIFICATION REPLY. SIGNED BY JUDGE LOUIS H. POLLAK ON 4/19/07; 4/20/07 ENTERED AND COPIES MAILED TO LIAISON COUNSEL. (APPLIES TO ALL CASES).(tjd)
April 19, 2007 Filing 17 Application to Withdrawal as Counsel of Record filed by FRANCES E. BAILLON on behalf of PLAINTIFFS. (Applies to C.A. 07-887, 07-902).(tjd)
April 19, 2007 Filing 16 Application to Withdrawal as Counsel of Record filed by JONI M. THOME on behalf of PLAINTIFFS. (Applies to C.A. 07-887, 07-902).(tjd)
April 17, 2007 Filing 15 Minute Entry for proceedings held before The HONORABLE LOUIS H. POLLAK : Pretrial Conference held on 4/16/07. Court Reporter: Jim Beck. (tjd)
April 16, 2007 Filing 14 STIPULATED PROTECTIVE ORDER RE: GOVERNING OF CONFIDENTIAL DISCOVERY MATERIALS. SIGNED BY JUDGE LOUIS H. POLLAK ON 4/16/07; 4/17/07 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO ALL CASES). (Attachments: # 1 order, pt2)(tjd)
April 16, 2007 Filing 13 PRETRIAL ORDER NO. 2 RE: APPOINTING PLAINTIFFS' MANAGEMENT STRUCTURE, LIAISON COUNSEL AND INTERIM CLASS COUNSEL; THE COURT APPOINTS CO-LEAD COUNSEL CONSISTING OF THE FOLLOWING: ROBERT K. SHELQUIST AND LOCKRIDGE, GRINDAL & NAUEN, L.L.L.P., MICHAEL MCSHANE AND AUDET & PARTNERS, LLP, AND JON CUNEO AND CUNEO, GILBERT & LADUCA, LLP, ETC.; THE COURT APPOINTS STEVEN A. SCWARTZ OF CHIMICLES & TIKELLIS, LLP AS CHAIRMAN OF THE EXECUTIVE COMMITTEE WHO SHALL HAVE THE SAME RESPONSIBILITIES AS CO-LEAD COUNSEL; THE COURT FURTHER APPOINTS AS MEMBERS OF PLAINTIFFS' EXECUTIVE COMMITTEE: CLAYTON D. HALUNEN, GARY E. MASON, JONATHAN SHUB, CHRISTOPHER M. PLACITELLA, MARC EDELSON, MICHAEL PLACHY, J. BARTON GOPLERUD, AND ROBERT P. MURRIAN, ETC.; PURSUANT TO FED.R.CIV.P. 23(g) THE COURT APPOINTS CO-LEAD AND LIAISON TO ACT AS INTERIM CLASS COUNSEL, ETC. SIGNED BY JUDGE LOUIS H. POLLAK ON 4/16/07; 4/17/07 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO ALL CASES). (tjd)
April 16, 2007 Filing 12 PRETRIAL ORDER NO. 1 RE: INITIAL MANAGEMENT AND PROCEDURE; DEFENDANT IS GRANTED AN EXTENSION OF TIME FOR RESPONDING BY MOTION OR ANSWER TO THE COMPLAINTS UP TO AND INCLUDING MAY 30, 2007; NO MOTION SHALL BE FILED UNDER RULE 11, RULE 37, OR RULE 56 WITHOUT THE MOVANT FIRST HAVING SOUGHT A PRE-MOTION CONFERENCE WITH THE COURT, ETC.; THE NEXT PRETRIAL CONFERENCE WILL BE HELD AT A DATE AND TIME TO BE DETERMINED BY THE COURT. SIGNED BY JUDGE LOUIS H. POLLAK ON 4/16/07; 4/17/07 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO ALL CASES).(tjd)
April 16, 2007 Opinion or Order Filing 11 ORDER THAT ARNOLD LEVIN IS HEREBY APPROVED AS PLAINTIFFS LIAISON COUNSEL, ETC. SIGNED BY JUDGE LOUIS H. POLLAK ON 4/16/07; 4/17/07 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO ALL CASES).(tjd)
April 13, 2007 Filing 10 Joint MOTION for Protective Order filed by PLAINTIFF(S), CERTAINTEED CORPORATION.. (Attachments: # 1 Text of Proposed Order)(FICKLER, ARLENE)
April 9, 2007 Filing 9 Report Of Joint Report No. 1 of Plaintiffs' Liaison and Defendant's Counsel by PLAINTIFF(S). Certificate of Service. (SCHAFFER, CHARLES) Modified on 4/10/2007 (tjd).
March 30, 2007 Filing 8 MOTION to Appoint Counsel as Liaison Counsel filed by PLAINTIFF(S).Memorandum, Exhibt, Certificate of Service.(LONGER, FRED)
March 21, 2007 Filing 7 Certified Copy of Conditional Transfer Order (CTO-1) from the Judicial Panel on Multidistrict Litigation that these four actions are transferred to the EDPA for coordinated or consolidated pretrial proceedings assigned to the Honorable Louis H. Pollak: Venhaus, SD-IA, 4:06-503; Robinson, SD-IL, 3:07-12; Bobbie, Jr., DC-NJ, 2:06-4835; Harper, ED-TN, 3:04-400. (tjd)
March 20, 2007 Filing 6 NOTICE of Change of Firm Name and Updated Contact Information filed by Michael McShane on behalf of PLAINTIFFS. Certificate of Service. (Applies to All Cases).(tjd)
March 20, 2007 Filing 5 NOTICE of Appearance by JONATHAN W. CUNEO on behalf of PLAINTIFF(S). Certificate of Service. (CUNEO, JONATHAN) Modified on 3/21/2007 (tjd).
March 20, 2007 Filing 4 NOTICE of Appearance by CHARLES JOSEPH LADUCA on behalf of PLAINTIFF(S). Certificate of Service. (LADUCA, CHARLES) Modified on 3/21/2007 (tjd).
March 16, 2007 Opinion or Order Filing 3 ORDER THAT A PRETRIAL CONFERENCE WILL BE HELD ON APRIL 16, 2007 AT 2:15 P.M. IN COURTROOM 16-B. SIGNED BY JUDGE LOUIS H. POLLAK ON 3/15/07; 3/19/07 ENTERED AND COPIES MAILED AND E-MAILED.(tjd)
March 12, 2007 Filing 2 PRACTICE AND PROCEDURE ORDER THAT ALL ACTIONS ON SCHEDULE A AND FUTURE TAG-ALONG ACTIONS SHALL BE GOVERNED BY THE PROCEDURES SET FORTH IN THIS ORDER; THE ACTIONS DESCRIBED IN PARAGRAPH 1 ARE CONSOLIDATED FOR PRETRIAL PURPOSES; A SIGNED ORIGINAL OF ANY PLEADING OR PAPER SHALL BE FILED, NO COPIES WILL BE NECESSARY; ALL PLEADINGS FILED IN THESE ACTIONS SHALL BEAR THE IDENTIFICATION "MDL DOCKET NO. 1817", ETC.; ANY PLEADING FILED IN THIS ACTION SHALL BE FILED WITH THE CLERK OF THIS COURT AND NOT WITH THE TRANSFEROR COURT; COUNSEL WHO APPEARED IN THE TRANSFEROR COURT PRIOR TO THE TRANSFER NEED NOT ENTER A SEPARATE APPEARANCE BEFORE THIS COURT; PRIOR TO THE FIRST PRETRIAL CONFERENCE SERVICE OF ALL PAPERS SHALL BE MADE ON EACH OF THE ATTORNEYS ON THE PANEL ATTORNEYSERVICE LIST; THE PARTIES SHALL PRESENT TO THE COURT AT THE FIRST PRETRIAL CONFERENCE A LIST OF ATTORNEYS FOR PURPOSES OF SERVICE WITH ONLY ONE ATTORNEY FOR EACH PARTY SEPARATELY REPRESENTED SHALL BE INCLUDED ON SUCH LIST; AT LEAST TWO WEEKS PRIOR TO THE FIRST PRETRIAL CONFERENCE COUNSEL WHOSE PARTIES HAVE SIMILAR INTERESTS SHALL DESIGNATE LIAISON COUNSEL SUBJECT TO THE APPROVAL OF THE COURT, ETC.; UPON REMAND OF ANY OF THESE ACTIONS THE PARTIES WILL BE REQUIRED TO PROVIDE TO THIS COURT COPIES OF ANY NECESSARY AND RELEVANT PAPER PREVIOUSLY FILED; NO PARTIES TO ANY OF THESE ACTIONS SHALL BE REQUIRED TO OBTAIN LOCAL COUNSEL IN THIS DISTRICT AND THE REQUIREMENTS OF RULE 11 OF THE RULES OF THIS COURT ARE WAIVED AS TO ANY ATTORNEY APPEARING IN THESE ACTIONS WHO IS DULY ADMITTED TO PRACTICE BEFORE ANY UNITED STATES DISTRICT COURT; HEARINGS SHALL NOT BE HELD ON ANY MOTIONS FILED EXCEPT BY ORDER OF THE COURT; ANY ORDERS INCLUDING PROTECTIVE ORDERS PREVIOUSLY ENTERED BY THIS COURT OR ANY TRANSFEROR COURT SHALL REMAIN IN FULL FORCE AND EFFECT UNLESS MODIFIED BY THIS COURT UPON APPLICATION; ALL DISCOVERY PROCEEDINGS IN THESE ACTIONS ARE STAYED UNTIL FURTHER ORDER OF THIS COURT; THE FIRST ORDER OF BUSINESS IS TO HOLD A PRETRIAL CONFERENCE AT WHICH THE FRAMEWORK OF PRETRIAL PROCEEDINGS CAN BE DETERMINED; DATES FOR THE CONFERENCE THAT WOULD BE CONVENIENT FOR THE COURT ARE (1) APRIL 4, 2007 AT 10:30 AM, (2) APRIL 9, 2007 AT 10:30 AM, AND (3) APRIL 16, 2007 AT 10:30 AM, BY MARCH 21, 2007 DEPUTY CLERK DONNA BOZZELLI IS TO BE ADVISED WHETHER ON EOR MORE OF THESE DATES WOULD NOT BE FEASIBLE, ETC.. SIGNED BY JUDGE LOUIS H. POLLAK ON 3/12/07;. 3/13/07 ENTERED AND COPIES MAILED AND E-MAILED.(tjd)
February 16, 2007 Filing 1 Certified Copy of Transfer Order from The Judicial Panel on Multidistrict Litigation transferring the Cases Listed on Schedule A for coordinating and consolidating pretrial proceedings as assigned to the Honorable Louis H. Pollak. (tjd)

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