Haak v. Generac Power Systems Inc
| Daniel Haak |
| Generac Power Systems Inc |
| Gregory P. Holder and Gregory P Holder |
| 2:2023cv00685 |
| June 5, 2023 |
| US District Court for the Eastern District of Wisconsin |
| Lynn Adelman |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 18, 2023. A more recent docket listing may be available from PACER.
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Filing 51
SCHEDULING ORDER PURSUANT TO JULY 6, 2023 STATUS CONFERENCE signed by Judge Lynn Adelman on 07/18/23. Associated Cases: 2:23-md-03078-LA et al. (cc: all counsel)(kmr)
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Filing 50
ORDER GRANTING THE APPLICATION OF THE PROPOSED BASLER SLATE FOR APPOINTMENT OF CO-LEAD COUNSEL, LIAISON COUNSEL, AND PLAINTIFFS STEERING COMMITTEE signed by Judge Lynn Adelman on 07/18/23.Associated Cases: 2:23-md-03078-LA et al. (cc: all counsel)(kmr)
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Filing 49
DECISION AND ORDER signed by Judge Lynn Adelman on 07/18/23. IT IS ORDERED that the Basler Slate's application to be appointed to leadership positions (ECF No. #10 in the master case) is GRANTED. The court will adopt the Slate's proposed order regarding their organization and responsibilities. IT IS FURTHER ORDERED that the application filed by plaintiffs Johnson, Zukas, Hufton, and McDonald (ECF No. #5 in the master case) is DENIED. The court will also enter the parties' proposed schedule for filing a consolidated master complaint and related matters (ECF No. 9 ). Associated Cases: 2:23-md-03078-LA et al. (cc: all counsel)(kmr)
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| Filing 48 MOTION to Appoint Counsel Proposed Basler Slate by Marcia Baltimore, Steve Cothren, Daniel Haak, Marcia Baltimore, Nicole Kibert Basler, Steve Cothren, John Dillon, Daniel Haak, Albert Kates, Kathryn Locatell, Dustin Moon, Nicole Kibert Basler, John Dillon, Dustin Moon, Kathryn Locatell, Albert Kates. (Attachments: #1 Text of Proposed Order Granting Application of Proposed Basler Slate for Appointment, #2 Ex B-1 KTB Firm Resume, #3 Ex B-2 LCHB Firm Resume, #4 Ex B-3 MCBPG Firm Resume, #5 Ex B-4 CDL Firm Resume, #6 Ex B-5 CLF Firm Resume, #7 Ex C-1 BRB Firm Resume, #8 Ex C-2 KGG Firm Resume)Associated Cases: 2:23-md-03078-LA et al.(Flanner, Mary) |
| Filing 47 STATEMENTPROPOSED Joint Schedule by All Plaintiffs All Parties Joint Proposed Schedule. (Attachments: #1 Text of Proposed Order All Parties Proposed Scheduling Order)Associated Cases: 2:23-md-03078-LA et al.(Flanner, Mary) Modified on 7/14/2023 (jcl). |
| Filing 46 DECLARATION of Elizabeth A. Fegan (Attachments: #1 Exhibit 1 - Fegan Scott Firm Resume)Associated Cases: 2:23-md-03078-LA et al.(Fairweather, Nicholas) |
| Filing 45 DECLARATION of Rosemary M. Rivas in Support of Plaintiffs Zukas, Johnson, Hufton, and McDonald's Motion for Appointment of Interim Co-Lead Class Counsel and Liaison Counsel (Attachments: #1 Exhibit A - Gibbs Law Group Firm Resume)Associated Cases: 2:23-md-03078-LA et al.(Fairweather, Nicholas) |
| Filing 44 BRIEF in Support filed by Jeffrey Johnson, James Zukas, Gary Hufton, Aramie McDonald re (12 in 2:23-cv-00771-LA, 5 in 2:23-cv-00892-LA, 30 in 2:23-cv-00684-LA, 19 in 2:23-cv-00772-LA, 17 in 2:23-cv-00683-LA, 5 in 2:23-md-03078-LA, 43 in 2:23-cv-00685-LA, 5 in 2:23-cv-00874-LA, 16 in 2:23-cv-00034-LA, 28 in 2:22-cv-01386-LA) MOTION to Appoint Counsel . Associated Cases: 2:23-md-03078-LA et al.(Fairweather, Nicholas) |
| Filing 43 MOTION to Appoint Counsel by Jeffrey Johnson, James Zukas, Gary Hufton, Aramie McDonald. (Attachments: #1 Text of Proposed Order)Associated Cases: 2:23-md-03078-LA et al.(Fairweather, Nicholas) |
| Filing 42 Minute Entry for proceedings held before Judge Lynn Adelman: Status Conference held on 7/6/2023. Court and parties discuss case status and proposed preliminary proceedings. Based on agreement of the parties, IT IS ORDERED that any leadership applications on behalf of plaintiffs must be filed by July 13, 2023. The court will make leadership appointments after receiving these applications. IT IS FURTHER ORDERED that, by July 13, 2023, the parties shall file statements regarding the timing of other initial matters such as filing a master complaint, defendants deadline for responding, ESI, protective orders, and inspection protocols. Associated Cases: 2:23-md-03078-LA et al.(kmr) |
| Filing 41 Magistrate Judge Jurisdiction Form filed by Generac Power Systems Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Hansen, Elspeth) |
| Filing 40 NOTICE of Hearing: IT IS ORDERED that a telephonic status conference is scheduled for July 6, 2023 at 9:45 a.m. Participants need to call in for the conference as follows: dial access number 1-877-336-1839. You will be prompted for an access code (4144803) and a security code (1234). Once that information is entered participants will be placed on hold until we access the call. Counsel must email the court prior to the call at AdelmanPO@wied.uscourts.gov to provide the names of attorneys appearing. (cc: all counsel)Associated Cases: 2:23-md-03078-LA et al.(kmr) |
| Filing 39 Case transferred in from District of Florida Middle; Case Number 8:22-cv-02470. Original file certified copy of transfer order and docket sheet received. |
| Filing 38 MULTIDISTRICT LITIGATION PANEL TRANSFER ORDER transferring case to: Eastern District of Wisconsin. MDL case number: 3078. (AG) [Transferred from flmd on 6/5/2023.] |
| NOTICE Regarding assignment of this matter to Judge Lynn Adelman; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available #here. (amh) |
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Filing 37
ENDORSED ORDER granting #36 Motion to Stay. This case is stayed, and the Clerk is directed to administratively close this matter, pending resolution of the MDL Motion. The parties are directed to immediately notify the Court upon resolution of the motion. Signed by Judge Virginia M. Hernandez Covington on 3/15/2023. (Covington, Virginia) [Transferred from flmd on 6/5/2023.]
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| Filing 36 Unopposed MOTION to Stay re #24 MOTION to Dismiss for Failure to State a Claim by Generac Power Systems, Inc. (Attachments: #1 Exhibit 1 - MDL Corrected Schedule of Actions, #2 Exhibit 2 - MDL Plaintiff's Motion to Transfer, #3 Exhibit 3 - Email Request to Stay 3-10-23)(Duke, Samantha) [Transferred from flmd on 6/5/2023.] |
| Filing 35 NOTICE of a related action (Notice of Pendency of Other Actions) per Local Rule 1.07(c) by Generac Power Systems, Inc. Related case(s): Yes (Gill, Michael) [Transferred from flmd on 6/5/2023.] |
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Filing 34
ORDER appointing Gregory P. Holder as mediator in this action. The mediation conference is scheduled for November 7, 2023, at 9:00 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. Signed by Judge Virginia M. Hernandez Covington on 2/8/2023. (CKW) [Transferred from flmd on 6/5/2023.]
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| Filing 33 NOTICE of mediation conference/hearing to be held on November 7, 2023 at 9:00 am EST before Hon. Gregory Holder. (Flint, Jacob) [Transferred from flmd on 6/5/2023.] |
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Filing 32
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/19/2023. (MEJ) [Transferred from flmd on 6/5/2023.]
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Filing 31
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order Doc. #30 , no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 1/19/2023. (MEJ) [Transferred from flmd on 6/5/2023.]
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Filing 30
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 3/14/2024 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the April 2024 Trial Term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 11/24/2023. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 1/18/2023. (MEJ) [Transferred from flmd on 6/5/2023.]
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| Filing 29 RESPONSE in Opposition re #24 MOTION to Dismiss for Failure to State a Claim filed by Daniel Haak. (Flint, Jacob) [Transferred from flmd on 6/5/2023.] |
| Filing 28 NOTICE of a related action per Local Rule 1.07(c) by Generac Power Systems, Inc. Related case(s): Yes (Gill, Michael) [Transferred from flmd on 6/5/2023.] |
| Filing 27 CASE MANAGEMENT REPORT. (Duke, Samantha) [Transferred from flmd on 6/5/2023.] |
| Filing 26 CORPORATE Disclosure Statement by Daniel Haak. (Rosemergy, James) [Transferred from flmd on 6/5/2023.] |
| Filing 25 NOTICE of a related action (Notice of Pendency of Other Actions) per Local Rule 1.07(c) by Generac Power Systems, Inc. Related case(s): Yes (Gill, Michael) [Transferred from flmd on 6/5/2023.] |
| Filing 24 MOTION to Dismiss for Failure to State a Claim by Generac Power Systems, Inc. (Duke, Samantha) [Transferred from flmd on 6/5/2023.] |
| Filing 23 NOTICE of compliance re 19 Order on Motion to Appear Pro Hac Vice by Generac Power Systems, Inc (Olsen, Michael) [Transferred from flmd on 6/5/2023.] |
| Filing 22 NOTICE of compliance re 19 Order on Motion to Appear Pro Hac Vice by Generac Power Systems, Inc (Gill, Michael) [Transferred from flmd on 6/5/2023.] |
| Filing 21 NOTICE of compliance re 19 Order on Motion to Appear Pro Hac Vice by Generac Power Systems, Inc (Hansen, Elspeth) [Transferred from flmd on 6/5/2023.] |
| Filing 20 CORPORATE Disclosure Statement by Generac Power Systems, Inc identifying Other Affiliate Generac Holdings, Inc., Other Affiliate General Acquisition Corp. for Generac Power Systems, Inc. (Duke, Samantha) Modified text on 12/14/2022 (MCB). [Transferred from flmd on 6/5/2023.] |
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Filing 19
ENDORSED ORDER granting #16 Motion for Michael A. Olsen to Appear Pro Hac Vice; granting #17 Motion for Michael J. Gill to Appear Pro Hac Vice; and granting #18 Motion for Elspeth V. Hansen to Appear Pro Hac Vice. Attorneys Michael A. Olsen, Michael J. Gill, and Elspeth V. Hansen may appear pro hac vice on behalf of Defendant. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 12/6/2022. (BMM) [Transferred from flmd on 6/5/2023.]
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| Filing 18 Unopposed MOTION for Elspeth V. Hansen to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20267447 for $150 by Generac Power Systems, Inc. (Duke, Samantha) Motions referred to Magistrate Judge Anthony E. Porcelli.[Transferred from flmd on 6/5/2023.] |
| Filing 17 Unopposed MOTION for Michael J. Gill to appear pro hac vice, Special Admission fee paid, Receipt No. BFLMDC-20267368 for $150 by Generac Power Systems, Inc. (Duke, Samantha) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from flmd on 6/5/2023.] |
| Filing 16 Unopposed MOTION for Michael A. Olsen to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20267297 for $150 by Generac Power Systems, Inc. (Duke, Samantha) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from flmd on 6/5/2023.] |
| Filing 15 NOTICE of compliance re 13 Order on Motion to Appear Pro Hac Vice, by Daniel Haak (Flint, Jacob) [Transferred from flmd on 6/5/2023.] |
| Filing 14 NOTICE of compliance re 13 Order on Motion to Appear Pro Hac Vice, by Daniel Haak (Rosemergy, James) [Transferred from flmd on 6/5/2023.] |
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Filing 13
ORDER granting #11 Motion for Attorney James Jonathan Rosemergy to Appear Pro Hac Vice and granting #12 Motion for Attorney Jacob Alex Flint to Appear Pro Hac Vice. Attorneys Rosemergy and Flint may appear pro hac vice on behalf of Plaintiff. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 11/28/2022. (BMM) [Transferred from flmd on 6/5/2023.]
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| Filing 12 MOTION for Jacob Alex Flint to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20229980 for $150 by Daniel Haak. (Baldwin, Matthew) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from flmd on 6/5/2023.] |
| Filing 11 MOTION for James Jonathan Rosemergy to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20229914 for $150 by Daniel Haak. (Baldwin, Matthew) Motions referred to Magistrate Judge Anthony E. Porcelli. [Transferred from flmd on 6/5/2023.] |
| Filing 10 RETURN of service executed on 11/7/2022 by Daniel Haak as to Generac Power Systems, Inc. (Baldwin, Matthew) Modified text on 11/22/2022 (MCB). [Transferred from flmd on 6/5/2023.] |
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Filing 9
ENDORSED ORDER granting in part and denying part Defendant's Unopposed Motion for Extension of Time to File Answer. (Doc. #6 ). The Court extends the deadline to file a response to the complaint to December 28, 2022. Signed by Judge Virginia M. Hernandez Covington on 11/21/2022. (CKW) [Transferred from flmd on 6/5/2023.]
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Filing 8
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by January 6, 2023, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. After the Case Management Report is filed, the Court will determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 11/21/2022. (CKW) [Transferred from flmd on 6/5/2023.]
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Filing 7
ENDORSED ORDER: Counsel for Defendant has appeared, but Plaintiff has not yet filed the return of service, or proof of waiver, as required under the Rule. Accordingly, Plaintiff is directed to file either the return of service or proof of waiver by November 23, 2022, so that the Court may accurately set case management deadlines. Signed by Judge Virginia M. Hernandez Covington on 11/21/2022. (CKW) [Transferred from flmd on 6/5/2023.]
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| Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Generac Power Systems, Inc. (Duke, Samantha) [Transferred from flmd on 6/5/2023.] |
| Filing 5 NOTICE of Appearance by Charles P. Mitchell on behalf of Generac Power Systems, Inc (Mitchell, Charles) [Transferred from flmd on 6/5/2023.] |
| Filing 4 SUMMONS issued as to Generac Power Systems, Inc. (MCB) [Transferred from flmd on 6/5/2023.] |
| Filing 3 PROPOSED summons to be issued by Daniel Haak. (Baldwin, Matthew) [Transferred from flmd on 6/5/2023.] |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:22-cv-02470-VMC-AEP. (APV) [Transferred from flmd on 6/5/2023.] |
| Filing 1 COMPLAINT Class Action Complaint against Generac Power Systems, Inc with Jury Demand (Filing fee $402 receipt number AFLMDC-20144124) filed by Daniel Haak. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Baldwin, Matthew) Modified text on 10/31/2022 (MCB). [Transferred from flmd on 6/5/2023.] |
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