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07-1873 - In Re: FEMA Trailer Formaldehyde Products Liability Litigation


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07-1873 - In Re: FEMA Trailer Formaldehyde Products Liability Litigation
July 9, 2008
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ORDER re 408 Motion for Protective Order: IT IS ORDERED that Mtn is GRANTED in part as to the limitations agreed upon and restated in this Order & DENIED in part as to the extent further limitations were requested in the mtn. Signed by Magistrate Judge Karen Wells Roby on 7/9/08. (Reference: All cases)(rll, )
August 1, 2008
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ORDER and REASONS - ORDERED that the Motion to Dismiss Administrative Master Complaint on Behalf of Newly Added Defendants CMH Manufacturing Inc., Southern Energy Homes, Inc., Giles Industries, Inc., Sunray RV, LLC, Palm Harbor MFG., LP, and Palm Harbor Albemarle, LLC 259 is GRANTED, without prejudice to the right of Plaintiffs to seek leave to amend, either by going forward with their pending contested motions for leave to amend (See Rec. Doc. 593 and 594), or by withdrawing those and filing new motions for leave to amend based on the Court's analysis herein. Signed by Judge Kurt D. Engelhardt on 8/1/08. (Reference: ALL CASES)(cab)
September 24, 2008
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ORDER and REASONS - IT IS ORDERED that the Manufacturing Defendants' Motion to Strike 696 is GRANTED IN PART and DENIED IN PART, as stated herein. Signed by Judge Kurt D. Engelhardt on 9/24/08. (Reference: All Cases)(cab)
October 3, 2008
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ORDER and REASONS granting in part and denying in part 196 Motion to Dismiss Plaintiffs' FTCA and Contract Claims for Lack of Subject MatterJurisdiction as set forth in document. Signed by Judge Kurt D. Engelhardt on 10/3/08. (Reference: 07-1873)(gec, )
November 3, 2008
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ORDER and REASONS - foregoing, IT IS ORDERED that Rule 12(B) Motion to Dismiss 732 is GRANTED. Thus, Plaintiffs' claims against Newly Added Defendant, Indiana Building Systems, L.L.C., d/b/a Holly Park are dismissed without prejudice. Signed by Judge Kurt D. Engelhardt on 11/3/08. (Reference: 08-3217, 08-4630)(cab)
November 3, 2008
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ORDER and REASONS - IT IS ORDERED that Rule 12(B) Motion to Dismiss 734 is GRANTED. Thus, Plaintiffs' claims against Newly Added Defendant, Indiana Building Systems, L.L.C., d/b/a Holly Park are dismissed without prejudice. Signed by Judge Kurt D. Engelhardt on 11/3/08. (Reference: 08-3217)(cab)
November 6, 2008
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ORDER and REASONS - IT IS ORDERED that Morgan's Rule 12(b)(1) Motion to Dismiss Class Claims and Rule 12(b)(6) Motion to Dismiss Patricia A. Burr's Individual Claims 726 is GRANTED, as stated herein. Signed by Judge Kurt D. Engelhardt on 11/6/08. (Reference: 08-3217)(cab)
November 12, 2008
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ORDER and REASONS - IT IS ORDERED that the Rule 12(B) Motion to Dismiss 741 is DENIED as stated herein. Signed by Judge Kurt D. Engelhardt on 11/12/08. (Reference: All Cases)(cab) Modified on 11/12/2008 to edit document type (cab).
November 13, 2008
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ORDER and REASONS - ORDERED that the Motion to Reconsider Order (Rec. Doc. 720) or, in the Alternative, to Certify for Interlocutory Appeal 749 is DENIED as stated herein. Signed by Judge Kurt D. Engelhardt on 11/13/08. (Reference: All Cases)(cab)
November 26, 2008
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ORDER denying 909 Motion for Reconsideration. Signed by Judge Kurt D. Engelhardt on 11/26/08. (Reference: ALL CASES)(gec, )
December 1, 2008
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ORDER AND REASONS granting in part and denying in part 920 Motion to Strike. Signed by Judge Kurt D. Engelhardt on 12/1/2008. (Reference: ALL CASES)(caa, )
December 10, 2008
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ORDER and REASONS - ORDERED that the Rule 12(B) Motion to Dismiss 950, is GRANTED. Thus, Plaintiffs' claims against Indiana Building Systems, L.L.C., d/b/a/ Holly Park ("IBS") are dismissed without prejudice. Signed by Judge Kurt D. Engelhardt on 12/10/08. (Reference: 08-4630)(cab)
December 11, 2008
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ORDER AND REASONS denying without prejudice 784 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Kurt D. Engelhardt on 12/11/2008. (Reference: ALL CASES)(caa, )
December 12, 2008
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ORDER granting in part and denying in part 780 Motion to Apply Joint Rule 12(b)(6) Motion to Dismiss to Plaintiffs' Second Supplemental and Amended Master Complaint. Signed by Judge Kurt D. Engelhardt on 12/12/08. (Reference: all cases)(gec, )
December 29, 2008
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ORDER and REASONS - ORDERED that Motion for Class Certification 764 is DENIED. IT IS FURTHER ORDERED that, for the reasons expressed in footnote 34, supra, the Motion in Limine to Exclude Expert Testimony of Patricia M. Williams, PH.D., DABT 860 is DENIED AS MOOT, without prejudice to Defendants' right to re-urge it in connection with trial on the merits as stated herein. Signed by Judge Kurt D. Engelhardt on 12/29/08. (Reference: All Cases)(cab)
December 30, 2008
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ORDER and REASONS - ORDERED that Motion for Leave to File First Supplemental and Amending Complaint 758 is DENIED, without prejudice to the right of Plaintiffs to seek leave of Court, within 15 days of the entry of this Order and Reasons, to file another version of an amended complaint, which does not raise class action allegations as stated herein. Signed by Judge Kurt D. Engelhardt on 12/30/08. (Reference: 07-9228)(cab) Modified on 12/30/2008 to edit document type (cab).
January 21, 2009
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ORDERED that Defendant ScotBilt Homes, Inc.'s Motion to Dismiss 996 should be and is hereby GRANTED. Thus, Plaintiffs claims against Defendant ScotBilt Homes, Inc., are dismissed without prejudice as stated herein. Signed by Judge Kurt D. Engelhardt on 1/21/09. (Reference: 08-4630)(cab)
April 29, 2009
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ORDER and REASONS - IT IS ORDERED that the Newly Added Defendants' Motion to Dismiss Second Supplemental and Amended Master Complaint 747 is DENIED. IT IS FURTHER ORDERED that the Rule 12(B) Motion to Dismiss 748; the Motion to Dismiss Second Supplemental and Amended Master Complaint Filed by Liberty Homes, Inc., Waverlee Homes, Inc. And Redman Homes, Inc. 756; the Motion to Dismiss Second Supplemental and Amended Master Complaint Filed by Champion Home Builders, Co. And Homes of Merit, Inc. 882; American Homestar Defendants' Joint Rule 12(b)(6) Motion to Dismiss 994 are DENIED as stated herein. Signed by Judge Kurt D. Engelhardt on 4/29/09. (Reference: All Cases)(cab)
May 15, 2009
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ORDER and REASONS - ORDERED that Fleetwood Enterprises, Inc.'s Motion for Protective Order Regarding Re-Testing of Plaintiffs' Temporary Housing Unit 1396 is GRANTED as set forth in document. Signed by Judge Kurt D. Engelhardt on 5/15/09. (Reference: All Cases)(cab)
May 29, 2009
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ORDER AND REASONS granting 1192 Motion to Dismiss Based on Federal Preemption as set forth in document. Signed by Judge Kurt D. Engelhardt. (Reference: ALL CASES)(gec, )
June 15, 2009
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ORDER and REASONS - ORDERED that the Motion to Dismiss 1324 is DENIED, except that the claim of any plaintiff who is asserting a claim against an IA/TAC but who is not yet matched to a specific IA/TAC is hereby dismissed without prejudice, in accordance with this Courts August 1, 2008 Order and Reasons (Rec. Doc. 599) as stated within document. Signed by Judge Kurt D. Engelhardt on 6/15/09. (Reference: 07-9228)(cab) Modified on 6/15/2009 to edit document type (cab).
June 24, 2009
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ORDER and REASONS - Before the Court is the Defendant United States of America's Motion for a Protective Order to Prevent Plaintiffs' Deposition of Harvey E. Johnson, Jr., Former FEMA Deputy Administrator and Chief Operating Officer 1756. After considering this motion, the opposition filed by the Plaintiffs' Steering Committee ("PSC") 9, and the reply memorandum filed by the Government 1872, the Court concludes that ruling on this motion shall be deferred and the matter taken under advisement as stated within document. Signed by Judge Kurt D. Engelhardt on 6/24/09. (Reference: All Cases)(cab) Modified on 6/26/2009 to change document type (cab).
July 2, 2009
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ORDER and REASONS - IT IS ORDERED that the Defendant United States of America's Motion to Strike Jury Trial Request 1400 is GRANTED IN PART AND DENIED IN PART as stated within document. Signed by Judge Kurt D. Engelhardt on 7/2/09. (Reference: all bellwether trials)(cab)
July 6, 2009
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ORDER and REASONS - IT IS ORDERED that the Motion to Strike Certain ExpertWitnesses 1557 is DENIED as stated within document. Signed by Judge Kurt D. Engelhardt on 7/6/09. (Reference: 09-2892)(cab)
July 13, 2009
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ORDER and REASONS - Before the Court is the Motion for Reconsideration 2042, filed by Plaintiff Lyndon Wright. IT IS ORDERED that the Motion for Reconsideration 2042 is DENIED as set forth herein. Signed by Judge Kurt D. Engelhardt on 7/13/09. (Reference: 09-2977)(cab)
July 15, 2009
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ORDER and REASONS granting 1753 MOTION in Limine to Exclude the Testimony of Lila Laux. Signed by Judge Kurt D. Engelhardt on 7/15/009. (Reference: 09-2892)(cab) Modified on 7/15/2009 to edit document type (cab).
July 23, 2009
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ORDER and REASONS - IT IS ORDERED that the Rule 12(b)(6) Motion to Dismiss1811 is GRANTED IN PART AND DENIED IN PART, as set forth herein. Signed by Judge Kurt D. Engelhardt on 7/23/09. (Reference: 09-2892)(cab)
August 6, 2009
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ORDER AND REASONS denying 2356 MOTION to Exclude Plaintiffs' Testing Results filed by Defendant, Fleetwood Enterprises, Inc. Signed by Judge Kurt D. Engelhardt on 8/6/09.(Reference: 07-9228)(blg)
August 11, 2009
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ORDER granting 2566 Motion to Sever the Claims of Alana Alexander, Individually, and on behalf of Christopher Cooper. Signed by Judge Kurt D. Engelhardt on 8/11/09. (Reference: 09-2892)(blg)
August 13, 2009
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ORDER AND REASONS denying 1545 MOTION to Dismiss Plaintiffs' Remaining FTCA Claims for Lack of Subject Matter Jurisdiction filed by United States of America. Signed by Judge Kurt D. Engelhardt on 8/13/09.(Reference: ALL CASES)(blg)
August 13, 2009
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ORDER granting 2597 Motion to Sever the claims of plaintiff, Diana Bell, to be tried separately. FURTHER ORDERED that the jury trial rights of Diana Bell and the other parties in the above-referenced action, to the extent those rights exist, are hereby preserved and shall not be affected by this order. Signed by Judge Kurt D. Engelhardt on 8/13/09. (Reference: 09-2967)(blg)
August 13, 2009
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ORDER granting 2594 Motion to Sever claims of Elisah Dubuclet on behalf of Timia Dubuclet. Signed by Judge Kurt D. Engelhardt on 8/13/09. (Reference: 07-9228)(blg)
August 19, 2009
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ORDER denying 2731 Motion for Leave to File Brief in Excess of 25 Pages; FURTHER ORDERED that Fluor Enterprises, Inc. 2732 Motion for Summary Judgment Based on the Government Contractor Defense is STRICKEN from the record. FINALLY ORDERED that a motion on this issue which complies with the 25- page limitation shall be filed on or before Friday, August 21, 2009 at noon. Signed by Judge Kurt D. Engelhardt on 8/19/09. (Reference: 09-2892)(blg)
August 19, 2009
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ORDER AND REASONS granting 2260 MOTION for Partial Summary Judgment o/b/o Gulf Stream Coach, Inc. ; Thus, Plaintiffs LPLA claims for breach of express warranty are hereby dismissed. Signed by Judge Kurt D. Engelhardt on 8/19/09.(Reference: 09-2892)(blg)
August 20, 2009
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ORDER AND REASONS granting in part, denying in part 1756 MOTION for Protective Order to Prevent Deposition of Admiral Harvey E. Johnson, Jr., former FEMA Deputy Administrator and Chief Operating Officer filed by United States of America. Signed by Judge Kurt D. Engelhardt on 8/20/09.(Reference: ALL CASES)(blg)
August 21, 2009
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ORDER AND REASONS granting 2317 MOTION to Dismiss for Lack of Jurisdiction Claims of Plaintiff Christopher Cooper filed by United States of America. Thus, the claims of minor plaintiff Christopher Cooper against Defendant United States of America are hereby DISMISSED. Signed by Judge Kurt D. Engelhardt on 8/21/09.(Reference: 09-2892)(blg)
August 21, 2009
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/09. (Reference: 09-2892)(blg)ORDER granting 2626 Motion for Leave to File First Supplemental WitnessList; granting 2627 Motion for Leave to File First Supplemental Exhibit List; denying 2628 Motion to Strike Certain Lay Witnesses. Signed by Judge Kurt D. Engelhardt on 8/21
August 24, 2009
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ORDER and REASONS granting in part and denying in part 2349 Motion in Limine to Limit Testimony of Stephen Smulski as stated within document. Signed by Judge Kurt D. Engelhardt on 8/24/09. (Attachments: # (1) Supplement) (Reference: 09-2892)(cab) Modified on 8/24/2009 to edit document type (cab).
August 24, 2009
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ORDER AND REASONS granting in part, denying in part 2271 MOTION in Limine to Exclude the Expert Testimony of Marco Kaltofen, PE filed by Defendant. Signed by Judge Kurt D. Engelhardt on 8/24/09.(Reference: 09-2892)(blg) (Additional attachment(s) added on 8/25/2009: # (1) Exhibit A) (blg).
August 24, 2009
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ORDER AND REASONS granting in part, denying in part 2727 MOTION for Partial Summary Judgment with Respect to Certain of Gulf Stream Coach, Inc.s Affirmative Defenses filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 8/24/09.(Reference: 09-2892)(blg)
August 25, 2009
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ORDER AND REASONS denying 2596 MOTION for Partial Summary Judgment filed by Defendant Gulf Stream Coach, Inc. Signed by Judge Kurt D. Engelhardt on 8/25/09.(Reference: 09-2892)(blg)
August 26, 2009
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ORDER AND REASONS granting 2411 MOTION for Leave to File SUPPLEMENTAL AND AMENDING COMPLAINT FOR DAMAGES filed by Plaintiff. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 8/26/09.(Reference: 09-3604)(blg)
August 26, 2009
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ORDER AND REASONS granting 2413 MOTION for Extension of Deadlines to Amend Complaint filed by Plaintiff. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 8/26/09.(Reference: 08-4095)(blg)
August 26, 2009
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ORDER AND REASONS granting 2419 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 8/26/09.(Reference: 09-3537)(blg)
August 26, 2009
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ORDER AND REASONS granting 2424 MOTION for Leave to File Third Supplemental and Amending Complaint for Damages filed by Plaintiff. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 8/26/09.(Reference: 07-5709)(blg)
August 26, 2009
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ORDER AND REASONS granting 2425 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 8/26/09.(Reference: 09-3944)(blg)
August 26, 2009
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ORDER AND REASONS granting in part, denying in part 2582 MOTION for Partial Summary Judgment filed by Defendant. Signed by Judge Kurt D. Engelhardt on 8/26/09.(Reference: 09-2892)(blg)
August 26, 2009
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ORDER AND REASONS denying 2583 MOTION for Partial Summary Judgment filed by Defendant. Signed by Judge Kurt D. Engelhardt on 8/26/09.(Reference: 09-2892)(blg)
August 31, 2009
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ORDER granting 2793 Motion to Sever or, in the Alternative, to Voluntar[il]yDismiss. ORDERED that the Federal Tort Claims Act cause of action of the plaintiff Alana Alexander brought individually and on her own behalf against the United States/FEMA, is voluntarily dismissed. Signed by Judge Kurt D. Engelhardt on 8/28/09. (Reference: 09-2892)(blg)
September 1, 2009
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lg)ORDER AND REASONS denying 2720 MOTION for Partial Summary Judgment regarding Duty to Test, or in the Alternative, Motion in Limine filed by Defendant Gulf Stream Coach, Inc. Signed by Judge Kurt D. Engelhardt on 9/1/09.(Reference: 09-2892)(b
September 1, 2009
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ORDER AND REASONS granting 2898 MOTION in Limine to Exclude Testimony of William Dudek filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 9/1/09.(Reference: 09-2892)(blg)
September 2, 2009
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ORDER and REASONS - IT IS ORDERED that Fluor Enterprises, Inc.'s Motion forSummary Judgment Based on Prescription 2728 is DENIED as stated within document. Signed by Judge Kurt D. Engelhardt on 9/2/09. (Reference: 09-2892)(cab)
September 2, 2009
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ORDER AND REASONS granting in part, denying in part as stated in document 2883 MOTION in Limine to Exclude Certain Irrelevant and Inflammatory Commentary of Counsel, Testimony and Evidence Related to Plaintiffs' Hurricane Katrina Evacuation Experience, and any Reference or Evidence Related to Income of Gulf Stream Coach filed by Defendant. Signed by Judge Kurt D. Engelhardt on 9/2/09.(Reference: 09-2892)(blg)
September 2, 2009
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ORDER AND REASONS granting 2893 MOTION in Limine filed by Defendant Fluor Enterprises, Inc. Signed by Judge Kurt D. Engelhardt on 9/2/09.(Reference: 09-2892)(blg)
September 2, 2009
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ORDER denying 2896 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Responsive e-documents are due immediately. Signed by Judge Kurt D. Engelhardt on 9/2/09. (Reference: 09-2892)(blg)
September 2, 2009
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ORDER AND REASONS denying 2729 MOTION for Summary Judgment Based on Louisiana Tort Immunity for Contractors filed by Defendant Fluor Enterprises, Inc. Signed by Judge Kurt D. Engelhardt on 9/2/09.(Reference: 09-2892)(blg)
September 3, 2009
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ORDER AND REASONS granting in part, denying in part as stated in document 2730 MOTION in Limine to Exclude Expert Testimony of Michael Ginevan, Ph.D. filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 9/3/09.(Reference: 09-2892)(blg)
September 3, 2009
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ORDER AND REASONS granting in part, denying in part as stated in document 2839 MOTION in Limine to Exclude Evidence of or Argument Regarding Political Proceedings filed by Defendant Gulf Stream Coach, Inc. Signed by Judge Kurt D. Engelhardt on 9/3/09.(Reference: 09-2892)(blg)
September 3, 2009
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ORDER AND REASONS granting in part, denying in part and partly deferred to trial 2900 MOTION in Limine to Prohibit from Engaging in Certain Irrelevant and Inflammatory Commentary filed by Plaintiffs' Liaison Counsel, MEMORANDUM AND OPINION, Motions terminated:. Signed by Judge Kurt D. Engelhardt on 9/3/09.(Reference: 09-2892)(blg)
September 4, 2009
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ORDER AND REASONS granting in part, denying in part (as stated in document) 2836 MOTION in Limine to Exclude Certain Witness Testimony filed by Defendant Gulf Stream Coach, Inc. Signed by Judge Kurt D. Engelhardt on 9/4/09.(Reference: 09-2892)(blg)
September 4, 2009
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ORDER AND REASONS granting in part, denying in part (as stated in document) 2879 MOTION to Strike Opinions and Testimony of Paul Lagrange filed by Defendant Gulf Stream Coach, Inc., and 2777 MOTION to Strike Opinions and Testimony of Ervin Ritter, P.E. filed by Defendant Gulf Stream Coach, Inc. Signed by Judge Kurt D. Engelhardt on 9/4/09.(Reference: 09-2892)(blg)
September 8, 2009
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ORDER and REASONS - IT IS ORDERED that Gulf Stream Coach, Inc.'s Motion in Limine to Prohibit Any Testimony or Evidence Relating to the Testing of Other Emergency Housing Units 2821 is DEFERRED TO TRIAL as stated within document. Signed by Judge Kurt D. Engelhardt on 9/8/09. (Reference: 09-2892)(cab) Modified on 9/8/2009 to edit document type (cab).
September 8, 2009
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ORDER and REASONS - IT IS ORDERED Motion in Limine to Exclude Expert Testimony of Christopher DeRosa, Ph.D. 2872 is GRANTED as stated within document. Signed by Judge Kurt D. Engelhardt on 9/8/09. (Reference: 09-2892)(cab) Modified on 9/8/2009 to edit document type(cab).
September 8, 2009
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ORDER and REASONS - IT IS ORDERED that the Motion in Limine to Exclude Evidence of Certain Formaldehyde Screening Devices 2881 is DENIED as stated within document. Signed by Judge Kurt D. Engelhardt on 9/8/09. (Reference: 09-2892)(cab) Modified on 9/8/2009 to edit document type (cab).
September 8, 2009
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ORDER and REASONS - IT IS ORDERED that the Motion in Limine to Prohibit Plaintiffs' Reference to or Introduction of Evidence Regarding Unreasonable and Subsequently Passed Ambient Air Standards 2887 is GRANTED IN PART and DENIED IN PART as stated within document. Signed by Judge Kurt D. Engelhardt on 9/8/09. (Reference: 09-2892)(cab) Modified on 9/8/2009 to edit document type (cab).
September 8, 2009
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ORDER and REASONS - IT IS ORDERED that the Motion for Summary Judgment 2410 is DENIED as stated within document. Signed by Judge Kurt D. Engelhardt on 9/8/09. (Reference: 09-2892)(cab)
September 8, 2009
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ORDER AND REASONS granting in part, denying in part 2819 MOTION in Limine to Limit the Testimony of Travis Allen, Heath Allen and Gerald Paul Blanchard filed by Defendant Gulf Stream Coach, Inc. Signed by Judge Kurt D. Engelhardt on 9/8/09.(Reference: 09-2892)(blg)
September 8, 2009
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ORDER AND REASONS denying 2769 MOTION in Limine to Exclude Expert Testimony of James P. Kornberg, MD, SCD filed by Defendant Gulf Stream Coach, Inc. Signed by Judge Kurt D. Engelhardt on 9/8/09.(Reference: 09-2892)(blg)
September 10, 2009
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ORDER AND REASONS denying 2824 MOTION in Limine to Exclude Testimony of McGwin, to Exclude Evidence of Irrelevant Medical Conditions and to Exclude Any Reference to Cancer filed by Defendant Gulf Stream Coach, Inc. Signed by Judge Kurt D. Engelhardt on 9/10/09.(Reference: 09-2892)(blg)
September 10, 2009
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ORDER AND REASONS denying 2899 MOTION in Limine to exclude testimony of Charles Moore filed by Defendant Fluor Enterprises, Inc. Signed by Judge Kurt D. Engelhardt on 9/10/09.(Reference: 09-2892)(blg)
September 10, 2009
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ORDER & REASONS that Fluor Enterprises, Inc.'s 2802 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART as set forth in order. Signed by Judge Kurt D. Engelhardt on 9/10/09. (Reference: 07-9228)(dno, )
September 10, 2009
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ORDER AND REASONS re 2885 MOTION in Limine to Exclude Certain Fact Testimony of Plaintiffs and Fact Witnesses filed by Defendant Fluor Enterprises, Inc. Signed by Judge Kurt D. Engelhardt on 9/10/09.(Reference: 09-2892)(blg)
September 11, 2009
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ORDER AND REASONS granting 2743 MOTION for Partial Summary Judgment filed by Defendant Fluor Enterprises, Inc. Plaintiffs' claims against Fluorunder the Louisiana Products Liability Act are dismissed with prejudice; however, Plaintiffs' negligence claims against Fluor remain. Signed by Judge Kurt D. Engelhardt on 9/11/09.(Reference: 07-9228)(blg)
September 11, 2009
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ORDER AND REASONS granting in part, denying in part 2776 MOTION in Limine to Exclude the Testimony of Alexis Mallet, Jr. filed by Defendant Gulf Stream Coach, Inc. Signed by Judge Kurt D. Engelhardt on 9/11/09.(Reference: 09-2892)(blg)
September 11, 2009
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ORDER AND REASONS granting in part, denying in part 3113 MOTION in Limine to Exclude Testimony and Evidence Relating to Jeremiah Scott's Termination for His Previous Occupation filed by Plaintiff. Signed by Judge Kurt D. Engelhardt on 9/11/09.(Reference: 09-2892)(blg)
September 14, 2009
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ORDER AND REASONS denying 2719 MOTION for Partial Summary Judgment regarding Duty to Warn filed by Defendant Gulf Stream Coach, Inc. Signed by Judge Kurt D. Engelhardt on 9/14/09.(Reference: 09-2892)(blg)
September 17, 2009
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ORDER AND REASONS granting 3224 MOTION for Extension of Deadlines by defendant Keystone RV Company; Defendants expert report deadline is continued through and including October 31, 2009. FURTHER ORDERED that counsel should refer to and familiarize themselves with301 Pretrial Order No. 10, to the extent such rules are applicable to this particular instance.. Signed by Judge Kurt D. Engelhardt on 9/17/09.(Reference: 09-2967)(blg)
September 17, 2009
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ORDER AND REASONS granting 2603 MOTION for Leave to File Second Supplemental and Amending Complaint filed by Plaintiff. FURTHER ORDERED that counsel should refer to and familiarize themselves with 301 Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/17/09.(Reference: 08-5031)(blg)
September 17, 2009
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ORDER AND REASONS vacating 3436 Order and Reasons. FURTHER ORDERED that the Bauer Plaintiffs 2603 Motion for Leave to File Second Supplemental and Amending Complaint is DENIED as it fails to comply with 1596 Pretrial Order No. 38 and 1781 Pretrial Order No. 40. Signed by Judge Kurt D. Engelhardt on 9/17/09.(Reference: 08-5031)(blg)
September 23, 2009
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ORDER granting 3555 Motion to Withdraw ; withdrawing 3059 Motion to Dismiss Party, 3059 Motion for More Definite Statement; withdrawing 3060 Motion for More Definite Statement. ORDERED that the October 7, 2009 date set for argument [Docket No. 3059 / 3060] is hereby vacated. Signed by Judge Kurt D. Engelhardt on 9/23/09. (Reference: 09-4371)(blg)
September 29, 2009
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ORDER AND REASONS re 3885 MOTION to Continue PreTrial Order 36 Deadline to File Third Party Claims by Morgan Building and Spas, Inc. and Morgan Building Systems, Inc. filed by Defendant; granted to the following extent: Consistent with the parties matching efforts and Pretrial Order No. 40, the movants shall file any third-party complaint within 30 days of Plaintiffs' identification of the manufacturer in the Complaint, or if the manufacturer is not identified in the Complaint, within 30 days of Plaintiffs' filing of an Amended Complaint identifying that information. Signed by Judge Kurt D. Engelhardt on 9/29/09.(Reference: ALL CASES)(blg)
October 1, 2009
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ORDER AND REASONS granting in part, denying in part 2796 MOTION to Dismiss Case filed by Bechtel National, Inc. The motion is granted only to the extent that Plaintiffs' maintenance and inspections claims against Bechtel are dismissed with prejudice. It is denied in all other respects. Signed by Judge Kurt D. Engelhardt on 10/1/09.(Reference: 09-3943, 09-3944)(blg)
October 1, 2009
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ORDER AND REASONS denying 4164 MOTION to Substitute Party. Party Valena Byrd to be substituted in place of Raymond Bell III filed by Plaintiff. Signed by Judge Kurt D. Engelhardt on 10/1/09.(Reference: 09-2967)(blg)
October 6, 2009
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ORDER AND REASONS granting 4050 MOTION to Shorten Discovery Deadline filed by Defendant Keystone. Thus, Mr. Bell's deadline to respond to Keystone's September 25, 2009 written discovery requests is shortened from October 28, 2009 to October 15, 2009. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 10/6/09.(Reference: 09-2967)(blg)
October 6, 2009
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228)(blg)ORDER AND REASONS granting in part, denying in part 2348 MOTION to Strike Plaintiff's Designation of Kenneth R. Laughery, Ph.D filed by Defendant Fleetwood Enterprises, Inc. Signed by Judge Kurt D. Engelhardt on 10/6/09.(Reference: 07-9
October 7, 2009
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ORDER AND REASONS granting 3620 MOTION for Leave to File Second Supplemental and Amending Complaint for Damages filed by Plaintiff. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 10/7/09.(Reference: 09-3922)(blg)
October 8, 2009
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ORDER AND REASONS denying 4303 MOTION to Strike Medical Report of Dr. H. James Wedner, MD filed by Plaintiffs; for all the same reasons as stated by Defendants Fleetwood Enterprises, Inc. and Forest River, Inc. in 4854 Defendants' Joint Response/Memorandum in Opposition to Motion. Signed by Judge Kurt D. Engelhardt on 10/8/09.(Reference: 09-2977, 07-9228)(blg)
October 14, 2009
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ORDER granting 3049 Motion for Entry of Judgment under Rule 54(b). Signed by Judge Kurt D. Engelhardt on 10/14/09. (Reference: 09-2892)(blg)
October 14, 2009
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JUDGMENT under Rule 54(b) - ORDERED, ADJUDGED AND DECREED that there be final judgment in favor of the defendant United States/FEMA and against Alana Alexander on behalf of her minor son Christopher Cooper. Signed by Judge Kurt D. Engelhardt on 10/14/09.(Reference: 09-2892)(blg)
October 14, 2009
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ORDER and REASONS - IT IS ORDERED that the Motion to Dismiss Without Prejudice the Claims of Raymond Bell, III 5102 is GRANTED IN PART AND DENIED IN PART, such that the claims of Raymond Bell, III are hereby dismissed WITH PREJUDICE as stated within document. Signed by Judge Kurt D. Engelhardt on 10/14/09. (Reference: 09-2967)(cab) Modified on 10/14/2009 to edit document type (cab).
October 15, 2009
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lg)ORDER AND REASONS denying 2431 MOTION for Reconsideration re 2201 Order; for all the same reasons stated in 2625 Response to Motion filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 10/16/09.(Reference: 09-2977)(b
October 16, 2009
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ORDER AND REASONS granting 1613 MOTION for Protective Order to Prevent Plaintiffs' Depositions of Patrick Preston and Mary Martinet filed by United States of America; Plaintiffs are prohibited from depositing Patrick Preston and Mary Martinet. Signed by Judge Kurt D. Engelhardt on 10/16/09. (Attachments: # (1) Exhibit A-M)(Reference: ALL CASES)(blg)
November 16, 2009
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ORDER granting 7095 Motion to Withdraw; withdrawing 6656 Motion to Exclude and/or Limit the Testimony of Dr. George A. Farber. Signed by Judge Kurt D. Engelhardt on 11/16/09. (Reference: 07-9228)(blg)
November 16, 2009
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ORDER AND REASONS denying 2581 MOTION for Summary Judgment Regarding Prescription by Shaw Environmental, Inc.. Signed by Judge Kurt D. Engelhardt on 11/16/09.(Reference: 09-2977)(blg)
November 16, 2009
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ORDER AND REASONS denying 5602 MOTION for Reconsideration re 5306 Order on Motion to Strike Defendant Medical Expert H.James Wedner filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 11/16/09.(Reference: 09-2977, 07-9228)(blg)
November 17, 2009
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ORDER denying as moot 6643 Motion for Summary Judgment Based on the Government Contractor Defense; granting 6646 Motion for Partial Summary Judgment to Dismiss Louisiana Products Liability Claims; granting 6663 Motion for Partial Summary Judgment on Negligence Claims. Signed by Judge Kurt D. Engelhardt on 11/17/09. (Reference: 07-9228)(blg)
November 18, 2009
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ORDER denying as moot 6579 Motion for Partial Summary Judgment on the Express Warranty Claim. Signed by Judge Kurt D. Engelhardt on 11/18/09. (Reference: 07-9228)(blg)
November 18, 2009
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ORDER denying as moot 6613 Motion for Partial Summary Judgment on Medical Monitoring, Punitive Damages and Loss of Consortium Claims. Signed by Judge Kurt D. Engelhardt on 11/18/09. (Reference: 07-9228)(blg)
November 18, 2009
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ORDER and REASONS granting 6208 Motion for Leave to File Second Supplemental and Amending Complaint; FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/18/09. (Reference: 09-4126)(blg)
November 18, 2009
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ORDER AND REASONS granting in part, denying in part (as stated in document) 6644 MOTION to Exclude and Limit the Testimony of Paul Hewett, Ph.D of Fleetwood Enterprises, Inc.. Signed by Judge Kurt D. Engelhardt on 11/18/09.(Reference: 07-9228)(blg)
November 18, 2009
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ORDER AND REASONS denying 6657 MOTION in Limine to Exclude the Testimony of Plaintiff's Expert Charles David Moore by Defendant Fleetwood Enterprises, Inc.; Fleetwood Enterprises, Inc. ("Fleetwood") may vigorously cross-examine Moore on his opinions it claims are contrary to the facts at issue in this matter. Signed by Judge Kurt D. Engelhardt on 11/18/09.(Reference: 07-9228)(blg)
November 18, 2009
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ORDER AND REASONS granting 6649 MOTION in Limine to Exclude the Testimony of Plaintiff's Expert Kenneth R. Laughery, Ph.D of Defendant Fleetwood Enterprises, Inc.. Signed by Judge Kurt D. Engelhardt on 11/18/09.(Reference: 07-9228)(blg)
November 19, 2009
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ORDER AND REASONS denying 6651 MOTION to Exclude Testimony of Robert C. James filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 11/19/09.(Reference: 07-9228)(blg)
November 20, 2009
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ORDER AND REASONS denying 6626 MOTION for Summary Judgment as to the Government Contractor Defense by Fleetwood Enterprises, Inc.. Signed by Judge Kurt D. Engelhardt on 11/20/09.(Reference: 07-9228)(blg)
November 20, 2009
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ORDER AND REASONS granting in part, denying in part 6660 MOTION in Limine to Limit the Testimony of Stephen Smulski, Ph.D by Defendant Fleetwood Enterprises, Inc.. Signed by Judge Kurt D. Engelhardt on 11/20/09.(Reference: 07-9228)(blg)
November 20, 2009
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ORDER AND REASONS granting to the extent expressed herein 7215 MOTION in Limine to request that the Court Enter Its Prior Rulings Made in the Alexander Bellwether Trial as to Certain Similar Evidentiary Issues Relevant to this Matter by Defendant Fleetwood Enterprises, Inc.. Signed by Judge Kurt D. Engelhardt on 11/20/09.(Reference: 07-9228)(blg)
November 23, 2009
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ORDER AND REASONS denying 6650 MOTION to Exclude Testimony of Howard I. Maibach filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 11/23/09.(Reference: 07-9228)(blg)
November 23, 2009
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ORDER AND REASONS denying 6653 MOTION to Exclude Testimony of Patricia K. Farris filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 11/23/09.(Reference: 07-9228)(blg)
November 24, 2009
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ORDER AND REASONS granting 6654 MOTION to Exclude /Limit the Testimony of Thomas W. Fribley filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 11/24/09.(Reference: 07-9228)(blg)
November 24, 2009
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ORDER AND REASONS denying 6652 MOTION to Exclude /Limit the Testimony of H. James Wedner filed by Plaintiffs' Liaison Counsel, and 6664 MOTION to Exclude Dr. Patricia Williams' Testimony filed by Defendant. Signed by Judge Kurt D. Engelhardt on 11/24/09.(Reference: 07-9228)(blg)
November 24, 2009
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ORDER AND REASONS denying 6659 MOTION for Summary Judgment on Causation by Defendant Fleetwood Enterprises, Inc. filed by Defendant. Signed by Judge Kurt D. Engelhardt on 11/24/09.(Reference: 07-9228)(blg)
November 30, 2009
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ORDER AND REASONS granting in part and partly deferring to trial 6898 MOTION in Limine to Limit Evidence,Testimony, and Arguments Regarding Other Lawsuits or Claims by Defendant Fleetwood Enterprises, Inc. filed by Defendant. Signed by Judge Kurt D. Engelhardt on 11/30/09.(Reference: 07-9228)(blg)
November 30, 2009
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ORDER AND REASONS re 6665 MOTION to Exclude Dr. Lawrence G. Miller's Testimony by Defendant Fleetwood Enterprises, Inc. filed by Defendant. Signed by Judge Kurt D. Engelhardt on 11/30/09.(Reference: 07-9228)(blg)
December 1, 2009
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ORDER AND REASONS denying 6639 MOTION for Partial Summary Judgment on Mental Anguish Claims by Fleetwood Enterprises, Inc.. Signed by Judge Kurt D. Engelhardt on 12/1/09.(Reference: 07-9228)(blg)
December 1, 2009
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ORDER AND REASONS granting in part, denying in part 7284 MOTION in Limine to Prohibit Reference to Unrelated, Non-Pled Claims filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 12/1/09.(Reference: 07-9228)(blg)
December 7, 2009
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ORDER AND REASONS denying 3193 MOTION to Transfer Case Venue for Convenience to Middle District of Florida filed by Defendant. Signed by Judge Kurt D. Engelhardt on 12/7/09.(Reference: 09-3818)(blg)
January 13, 2010
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ORDER AND REASONS granting 9420 MOTION for Leave to File First Supplemental and Amended Complaint filed by Plaintiffs Billy Foxworth, et al. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/13/2010.(Reference: 09-7085)(blg)
January 13, 2010
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ORDER AND REASONS granting 9421 MOTION for Leave to File Amended Complaint filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 1/13/2010. (amended to substitute the defendant name 'Fluor Enterprises, Inc.' for the defendant name Flour Enterprises, Inc.) (Reference: 09-4708 through 09-4759, 09-4676 through 09-4707, 09-6940, 09-6941, 09-7536, 09-6942, 09-5989, 09-7532, 09-6943, 09-6957, 09-6955, 09-6956, 09-6162, 09-6496, 09-6504, 09-6505, 09-6502, 09-6503, 09-6719, 09-6642, 09-6395, 09-6949, 09-6951, 09-6944, 09-6945, 09-6947, 09-6720, 09-6965, 09-6157, 09-6964, 09-6171, 09-7533, 09-6966, 09-6958, 09-6960, 09-6961, 09-6169, 09-6962, 09-6946, 09-7531, 09-6948, 09-5990, 09-6950, 09-6954, 09-5991, 09-7530, 09-6959, 09-6916, 09-6417, 09-6938, 09-5983, 09-7535, 09-6939, 09-7534, 09-6937, 09-6935, 09-6936, 09-5985, 09-6933, 09-6155, 09-6932, 09-6641, 09-6931, 09-6167, 09-6930, 09-6640, 09-6639, 09-5987, 09-6929, 09-6159, 09-6718, 09-6638, 09-6164, 09-6928, 09-6927, 09-6926, 09-6925, 09-6924, 09-6418, 09-6923, 09-6160, 09-6635, 09-6637, 09-5988, 09-6922, 09-6921, 09-6920, 09-6919, 09-5986, 09-5984, 09-6918, 09-6917)(blg)
January 13, 2010
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ORDER AND REASONS granting 9452 MOTION for Leave to File Supplemental and Amended Complaint filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 1/13/2010.(Reference: 09-4709, 09-4732, 09-4750, 09-09-4754, 09-4676 through 09-4707, 09-7066, 09-7108, and 09-7112)(blg)
January 13, 2010
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ORDER AND REASONS granting 9458 MOTION for Leave to File Supplemental and Amended Complaint filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 1/13/2010.(Reference: 09-4727, 09-4676 through 09-4707)(blg)
January 13, 2010
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ORDER AND REASONS granting 9463 MOTION for Leave to File Supplemental and Amended Complaint filed by Plaintiffs. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/13/2010.(Reference: 09-4734, 09-4676 through 09-4707)(blg)
January 13, 2010
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ORDER AND REASONS granting 9780 MOTION for Extension of Deadlines to Complete Plaintiff Fact Sheets filed by Plaintiff; extended thirty additional days. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/13/2010.(Reference: 09-7923, 09-7982, 09-3720, 09-6797, 09-3737, 09-3735, 09-4839, 09-6796, 09-7985, 09-3829, 09-7986, 09-3975, 09-3740, 09-3718, 09-3950, 09-4838, 09-3949, 09-3733, 09-7993, 09-3715, 09-3715, 09-3724, 09-3725, 09-3739, 09-3716, 09-7997, 09-3732, 09-3827, 09-3722, 09-4177, 09-3717, 09-3742, 09-3825, 09-3720, 09-3728, 09-3741, 09-6154, 09-6151, 09-5979, 09-5980, 09-6152, 09-5981, 09-5982, 09-6153, 09-6501, 09-6713, 09-7162, 09-6714, 09-6871, 09-6899, 09-6908, 09-6905, 09-6902, 09-6904, 09-6903, 09-6018, 09-6016, 09-6717, 09-6894, 09-6895, 09-6896, 09-6897, 09-6901, 09-6211, 09-6898, 09-6907, 09-6887, 09-6888, 09-6717, 09-6212, 09-6889, 09-6017, 09-6890, 09-6891, 09-6892, 09-6797, 09-3948, 09-3562, 09-6798, 09-3561, 09-4446, 09-3592, 09-3726, 09-6800, 09-6795, 09-3729, 09-3826, 09-3590, 09-3591, 09-4371, 09-4669, 09-4372, 09-3588, 09-3589, 09-3721, 09-3951, 09-4661, 09-3824, 09-4662, 09-6799, 09-466, 09-4666, 09-4664, 09-4663, 09-3727, 09-4671, 09-3723, 09-3736, 09-6801, 09-3719, 09-3731, 09-3738, 09-3720, 09-6797, 09-3737, 09-3735, 09-4839, 09-6796, 09-3829, 09-3975, 09-3740, 09-3718, 09-3950, 09-4838, 09-3949, 09-3733, 09-3715, 09-3724, 09-3725, 09-3739, 09-3716, 09-3732, 09-3827, 09-3722, 09-4177, 09-3717, 09-3742, 09-3825, 09-3720, 09-3728, 09-3741, 09-6154, 09-6151, 09-5979, 09-5980, 09-6152, 09-5981, 09-5982, 09-6153, 09-6501, 09-716, 09-6871, 09-6899, 09-6908, 09-6017, 09-6890, 09-6891, 09-6892, 09-6796, 09-3948, 09-3562, 09-6798, 09-3561, 09-4446, 09-3592, 09-3726, 09-6800, 09-7934, 09-6795, 09-3729, 09-7941, 09-3826, 09-3590, 09-7951, 09-3591, 09-4371, 09-4669, 09-4372, 09-7958, 09-3588, 09-3589, 09-7959, 09-3721, 09-3951, 09-4661, 09-3824, 09-4662, 09-6799, 09-4665, 09-4666, 09-4664, 09-4663, 09-3727, 09-4671, 09-3723, 09-3726, 09-6801, 09-3719, 09-3731)(blg)
January 13, 2010
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ORDER AND REASONS granting 9573 MOTION for Leave to File Fourth Supplemental and Amending Complaint filed by Plaintiffs Antoine Prince, Sr., et al. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/13/2010.(Reference: 09-3922)(blg)
January 13, 2010
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ORDER AND REASONS granting 9571 MOTION for Leave to File First Supplemental and Amending Complaint for Damages in Lionel Fields filed by Plaintiff. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/13/2010.(Reference: 09-6410)(blg)
January 13, 2010
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ORDER AND REASONS granting 9470 MOTION for Leave to File Supplemental and Amended Complaints filed by Plaintiffs. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/13/2010.(Reference: UNMATCHED CASES (09-7398 through 09-7406, 09-7411 through 09-7423, 09-7425 through 09-7430, and 09-7439)(blg)
January 14, 2010
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ORDER AND REASONS denying 9438 MOTION for Leave to File Second Supplemental and Amended Complaint filed by Plaintiff. Signed by Judge Kurt D. Engelhardt on 1/14/2010.(Reference: 08-5031)(blg)
January 15, 2010
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ORDER AND REASONS granting in part, denying in part 4800 MOTION to Strike Plaintiff's Designation of Kenneth R. Laughery, Ph.D. filed by Defendant Forest River, Inc.; for reasons previously set forth in 4845 Order and Reasons. FURTHER ORDERED that the findings made in 7533 Order and Reasons, which involve the very same opinion by Dr. Laughery (albeit relating to Forest River instead of Fleetwood (See Exhibit A to Rec. Doc. 4800) are hereby ADOPTED for the Forest River bellwether trial. Signed by Judge Kurt D. Engelhardt on 1/15/2010.(Reference: 09-2977)(blg)
January 21, 2010
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ORDER AND REASONS granting 7368 MOTION to Dismiss for Lack of Jurisdiction Lyndon Wright's FTCA Claims For Failure To Exhaust His Administrative Remedy And For Failure To Present His Administrative Claim To FEMA In A Timely Manner filed by United States of America. Thus, the claims of Plaintiff Lyndon Wright against Defendant United States of America are hereby DISMISSED. Signed by Judge Kurt D. Engelhardt on 1/21/2010.(Reference: 09-2977)(blg)
January 22, 2010
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ORDER AND REASONS granting 8629 MOTION to Dismiss for Lack of Jurisdiction Plaintiff Earline Castanel's FTCA Claims filed by United States of America. Thus, the claims of Earline Castanel against Defendant United States of America are hereby DISMISSED. Signed by Judge Kurt D. Engelhardt on 1/22/2010.(Reference: 09-3251)(blg)
February 4, 2010
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ORDER AND REASONS denying 8566 MOTION to certify for Interlocutory Review Pursuant to 28 U.S.C. ยง 1292(b) the Court's November 16, 2009 Order Denying Shaw Environmental, Inc.'s Motion for Summary Judgment Based on Prescription. Signed by Judge Kurt D. Engelhardt on 2/4/2010.(Reference: 09-2977)(blg)
February 10, 2010
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ORDER AND REASONS granting 10321 MOTION to Strike the Addendum to the Expert Reports of Dr. Lawrence Miller filed by Defendant. Any and all opinions expressed for the first time in the Addendum to Dr. Miller's report are hereby excluded. Signed by Judge Kurt D. Engelhardt on 2/10/2010.(Reference: 09-2977)(blg)
February 10, 2010
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ORDER AND REASONS granting 10944 MOTION to Strike Plaintiff's Supplemental Expert Reports filed by Contractor Defendants, Defendants' Liaison Counsel. Any and all opinions expressed for the first time in the supplemental reports of Williams, Hewett, and Lagrange are hereby excluded. Signed by Judge Kurt D. Engelhardt on 2/10/2010.(Reference: 09-2977)(blg)
February 10, 2010
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ORDER AND REASONS granting 10287 MOTION for Leave to File Fifth Amended Complaint on behalf of Paul Lastrapes filed by Plaintiffs. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 2/10/2010.(Reference: 07-9228)(blg)
February 22, 2010
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ORDER denying as moot 11374 Motion to Exclude References to Opinions of Dr. George Farber. Signed by Judge Kurt D. Engelhardt on 2/22/2010. (Reference: 09-2977)(blg)
February 22, 2010
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ORDER denying as moot 11397 Motion to Exclude Expert Testimony of William D. Scott. Signed by Judge Kurt D. Engelhardt on 2/22/2010. (Reference: 09-2977)(blg)
February 23, 2010
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ORDER AND REASONS granting 10942 MOTION for Partial Summary Judgment With Respect to a Certain Affirmative Defense of Shaw Environmental, Inc. filed by Plaintiffs' Liaison Counsel. Accordingly, Plaintiff is hereby granted summary judgment as to Shaw Environmental. Inc's thirteenth affirmative defense. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 2/23/2010.(Reference: 09-2977)(blg)
February 24, 2010
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ORDER AND REASONS denying 10936 MOTION for Summary Judgment regarding Government Contractor Defense filed by Defendant Forest River, Inc. Signed by Judge Kurt D. Engelhardt on 2/24/2010.(Reference: 09-2977)(blg)
February 24, 2010
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ORDER AND REASONS denying 10937 MOTION for Partial Summary Judgment regarding Forest River's Duty to Warn filed by Defendant Forest River, Inc. Signed by Judge Kurt D. Engelhardt on 2/24/2010.(Reference: 09-2977)(blg)
February 25, 2010
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ORDER AND REASONS granting in part, denying in part 11360 MOTION in Limine to Prohibit References to Matters in the Personal History of Tyshone Marsh filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 2/25/2010.(Reference: 09-2977)(blg)
February 25, 2010
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ORDER AND REASONS denying 11357 MOTION in Limine to Prohibit Reference to Formaldehyde in Foods and Other Products filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 2/25/2010.(Reference: 09-2977)(blg)
February 26, 2010
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ORDER AND REASONS denying 10940 MOTION for Partial Summary Judgment WIth Respect to Certain Affirmative Defenses of Forest River, Inc. filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 2/26/2010.(Reference: 09-2977)(blg)
March 1, 2010
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ORDER AND REASONS denying 11352 MOTION in Limine to Any Reference to Malingering, Alcohol Abuse or Drinking Problems filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 3/1/2010.(Reference: 09-2977)(blg)
March 1, 2010
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ORDER AND REASONS denying 11387 MOTION in Limine to Prohibit References or Suggestions that the Water Leak at the Door was Caused by a Break In filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 3/1/2010.(Reference: 09-2977)(blg)
March 2, 2010
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ORDER AND REASONS granting in part, denying in part 10933 MOTION for Summary Judgment regarding Causation filed by Defendants Forest River, Inc. and Shaw Environmental. Inc. Signed by Judge Kurt D. Engelhardt on 3/2/2010.(Reference: 09-2977)(blg)
March 2, 2010
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ORDER AND REASONS denying 10935 MOTION for Partial Summary Judgment Regarding "Blocking" filed by Contractor Defendant Shaw Environmental, Inc. Signed by Judge Kurt D. Engelhardt on 3/2/2010.(Reference: 09-2977)(blg)
March 2, 2010
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ORDER AND REASONS denying 11348 MOTION in Limine to Reference to Plaintiff Witnessing Previous Expert Testimony filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 3/2/2010.(Reference: 09-2977)(blg)
March 3, 2010
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ORDER AND REASONS granting 11362 MOTION in Limine to Prohibit References to the Inapplicability of Building Codes filed by Plaintiffs' Liaison Counsel, 11414 MOTION in Limine to Exclude References to Building Codes filed by Contractor Defendant Shaw Environmental, Inc; should Plaintiff wish to pursue this issue further, he may file, by Tuesday, March 9, 2010 at 5:00 p.m., a 3-page maximum, bullet point memorandum which addresses the following topics as stated in document. If Plaintiff chooses to pursue this issue further by filing such a memorandum, Defendants may file an opposition memorandum by Wednesday, March 10, 2010, at 5:00 p.m., limited to the same page constraints, etc. Signed by Judge Kurt D. Engelhardt on 3/3/2010.(Reference: 09-2977)(blg)
March 4, 2010
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ORDER denying as moot 10947 Motion for Partial Summary Judgment Regarding Plaintiff's Maintenance Claims. Signed by Judge Kurt D. Engelhardt on 3/4/2010. (Reference: 09-2977)(blg)
March 4, 2010
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ORDER AND REASONS granting 11416 MOTION in Limine to Prohibit References to the Financial Matters of Bobbie Wright filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 3/4/2010.(Reference: 09-2977)(blg)
March 4, 2010
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ORDER AND REASONS denying 10946 MOTION for Partial Summary Judgment Regarding Failure to Warn filed by Contractor Defendant Shaw Environmental, Inc. Signed by Judge Kurt D. Engelhardt on 3/4/2010.(Reference: 09-2977)(blg)
March 5, 2010
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ORDER AND REASONS denying 10929 MOTION for Summary Judgment on Causation filed by Contractor Defendant Shaw Environmental, Inc. Signed by Judge Kurt D. Engelhardt on 3/5/2010.(Reference: 09-2977)(blg)
March 5, 2010
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ORDER AND REASONS granting 11384 MOTION in Limine to Prohibit References to an Exemplar Trailer filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 3/5/2010.(Reference: 09-2977)(blg)
March 5, 2010
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ORDER AND REASONS granting in part, denying in part 11389 MOTION to Exclude Certain Comments to the Jury filed by Defendant Forest River, Inc. Signed by Judge Kurt D. Engelhardt on 3/5/2010.(Reference: 09-2977)(blg)
March 5, 2010
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ORDER AND REASONS denying 11695 MOTION for Reconsideration of the Court's Ruling Granting Defendant's Motion to Strike the Addendum to Dr. Larry Miller's Expert Reports filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 3/5/2010.(Reference: 09-2977)(blg)
March 5, 2010
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ORDER AND REASONS granting in part, denying in part 11758 MOTION for Reconsideration on the Court's Ruling Granting Defendant's Motion to Strike the Plaintiff's Expert Supplemental Reports filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 3/5/2010.(Reference: 09-2977)(blg)
March 8, 2010
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ORDER AND REASONS denying 11417 MOTION in Limine to Exclude Expert Testimony of Charles David Moore filed by Contractor Defendant Shaw Environmental, Inc. Signed by Judge Kurt D. Engelhardt on 3/8/2010.(Reference: 09-2977)(blg)
March 8, 2010
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ORDER AND REASONS granting in part, denying in part 11354 MOTION in Limine to Limit the Testimony of William Dyson, Ph.D. filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 3/8/2010.(Reference: 09-2977)(blg)
March 8, 2010
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ORDER AND REASONS denying 11355 MOTION to Exclude Plaintiff's Animation Exhibit filed by Defendant Forest River, Inc. Signed by Judge Kurt D. Engelhardt on 3/8/2010.(Reference: 09-2977)(blg)
March 9, 2010
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ORDER AND REASONS denying 10934 MOTION for Partial Summary Judgment regarding Mental Anguish filed by Defendant Forest River, Inc. Signed by Judge Kurt D. Engelhardt on 3/9/2010.(Reference: 09-2977)(blg)
March 9, 2010
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ORDER AND REASONS denying as moot 10945 MOTION for Partial Summary Judgment on Plaintiff's Mental Anguish Claims filed by Contractor Defendant Shaw Environmental, Inc. Signed by Judge Kurt D. Engelhardt on 3/9/2010.(Reference: 09-2977)(blg)
March 9, 2010
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ORDER AND REASONS denying 11380 MOTION to Exclude Expert Testimony of Paul J. Lagrange filed by Defendant Forest River, Inc. Signed by Judge Kurt D. Engelhardt on 3/9/2010.(Reference: 09-2977)(blg)
March 9, 2010
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ORDER AND REASONS granting in part, denying in part 11393 MOTION to Exclude Testimony of Ervin L. Ritter filed by Defendant Forest River, Inc. Signed by Judge Kurt D. Engelhardt on 3/9/2010.(Reference: 09-2977)(blg)
March 9, 2010
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ORDER AND REASONS denying 11400 MOTION to Exclude Expert Testimony of Dr. Edward H. Shwery filed by Defendant Forest River, Inc. Signed by Judge Kurt D. Engelhardt on 3/9/2010.(Reference: 09-2977)(blg)
March 9, 2010
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ORDER AND REASONS granting in part, denying in part 11403 MOTION in Limine to Limit the Testimony of Stephen Smulski, PhD filed by Defendant Forest River, Inc. Signed by Judge Kurt D. Engelhardt on 3/9/2010.(Reference: 09-2977)(blg)
March 10, 2010
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ORDER AND REASONS granting in part, denying in part 11404 MOTION to Exclude Expert Testimony of Patricia Williams, PhD, DABT filed by Defendant Forest River, Inc. Signed by Judge Kurt D. Engelhardt on 3/10/2010.(Reference: 09-2977)(blg)
March 10, 2010
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ORDER AND REASONS denying 11415 MOTION in Limine to Exclude Expert Testimony of Paul Hewett, Ph.D. filed by Contractor Defendant Shaw Environmental, Inc. Signed by Judge Kurt D. Engelhardt on 3/10/2010.(Reference: 09-2977)(blg)
March 10, 2010
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ORDER AND REASONS denying as expressed herein document 11383 MOTION to Exclude Expert Testimony of Alexis Mallet filed by Defendant Forest River, Inc. Signed by Judge Kurt D. Engelhardt on 3/10/2010.(Reference: 09-2977)(blg)
March 10, 2010
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ORDER and REASONS - IT IS ORDERED that Forest River, Inc.'s Motion to Exclude Expert testimony of Dr. Lawrence Miller 11385 is GRANTED IN PART and DENIED IN PART, as stated within document. Signed by Judge Kurt D. Engelhardt on 3/10/2010. (Reference: 09-2977)(cab)
March 12, 2010
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ORDER AND REASONS denying, without prejudice, as premature 12744 MOTION to Allow Experts to Utilize and Explain the Demonstrative Computer-Generated Video Evidence During their Testimony in the Interest of Clarity and Judicial Economy filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 3/12/2010.(Reference: 09-2977)(blg)
March 12, 2010
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ORDER AND REASONS that all objections to exhibits are REFERRED TO TRIAL, with thefollowing caveats, as stated in document. Signed by Judge Kurt D. Engelhardt on 3/12/2010.(Reference: 09-2977)(blg)
March 12, 2010
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ORDER granting 11538 Motion for Reconsideration 10292 Order re 9438 MOTION for Leave to File Second Supplemental and Amended Complaint filed by Plaintiff. Signed by Judge Kurt D. Engelhardt on 3/12/2010. (Reference: 08-5031)(blg)
March 16, 2010
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Minute Order. Proceedings held before Judge Kurt D. Engelhardt: denying as moot 12904 Motion for Reconsideration of the Ruling on Objections to Deposition Testimony of Christopher DeRosa; denying 12911 Motion in Limine to Exclude the Testimony of Paul Hewett; Jury Trial held on 3/16/2010. Jury Trial continued for 3/17/2010 08:30 AM before Judge Kurt D. Engelhardt. (Court Reporter Cathy Pepper (AM); Jodi Simcox (PM).) (Reference: 09-2977)(blg)
March 19, 2010
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Minute Order. Proceedings held before Judge Kurt D. Engelhardt: granting in part and denying in part 13017 Motion to Exclude Dr. Patricia Williams' Demonstrative Exhibit; Jury Trial held on 3/19/2010. Jury Trial continued for 3/22/2010 08:30 AM before Judge Kurt D. Engelhardt. (Court Reporter Cathy Pepper (AM); Jodi Simcox (PM).) (Reference: 09-2977)(blg)
March 23, 2010
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Minute Order. Proceedings held before Judge Kurt D. Engelhardt: granting in part and denying in part 13062 Motion to Exclude Defendants' Deposition Cuts of Tyshone Marsh; Jury Trial held on 3/23/2010. Jury Trial continued for 3/24/2010 08:30 AM before Judge Kurt D. Engelhardt. (Court Reporter Toni Tusa (AM); Jodi Simcox (PM).) (Reference: 09-2977)(blg)
March 26, 2010
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ORDER AND REASONS re 13108 Jury Trial. ORDERED that the remaining portions of Plaintiff's Rule 50 motion are GRANTED IN PART and DENIED IN PART, as expressed herein and in open Court on March 25, 2010. FURTHER ORDERED that the remaining portion of Forest River's post-trial motion is DENIED, as expressed herein and in open Court on March 25, 2010. Signed by Judge Kurt D. Engelhardt on 3/26/2010.(Reference: 09-2977)(blg)
March 30, 2010
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ORDER AND REASONS denying 5609 MOTION for New Trial or, Alternatively, for Relief from Judgment filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 3/30/2010.(Reference: 09-2892)(blg)
March 30, 2010
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ORDER AND REASONS denying 5722 MOTION for Relief from Judgment filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 3/30/2010.(Reference: 09-2892)(blg)
March 30, 2010
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ORDER AND REASONS denying 6082 MOTION to Certify for Interlocutory Review pursuant to 28 U.S.C. s. 1292(b) filed by Contractor Defendants Bechtel National, Inc. Signed by Judge Kurt D. Engelhardt on 3/30/2010.(Reference: 09-3943, 09-3944)(blg)
April 7, 2010
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ORDER AND REASONS granting 13087 MOTION to Amend/Correct 12990 Order of Dismissal of Claims of plaintiff Paul Lastrapes Filed by Keystone RV Company. Accordingly, pursuant to Federal Rule of Civil Procedure 59(e), the Court's March 16, 2010 Order (Rec. Doc. 12990) is hereby amended to reflect that the dismissal of Mr. Lastrapes' claims is with prejudice. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 4/7/2010.(Reference: 07-9228)(blg)
April 7, 2010
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ORDER AND REASONS granting 13088 MOTION to Amend/Correct 12999 Order of Dismissal of claims of plaintiff Jonah Stevenson filed by Keystone RV Company. Accordingly, pursuant to Federal Rule of Civil Procedure 59(e), the Court's March 16, 2010 Order (Rec. Doc. 12999) is hereby amended to reflect that the dismissal of Mr. Stevenson's claims is with prejudice. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 4/7/2010.(Reference: 09-4105)(blg)
April 9, 2010
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ORDER granting 13225 Motion for Partial Summary Judgment as to Plaintiff's Medical Monitoring and Punitive Damages Claims by Recreation By Design, LLC and Shaw Environmental, Inc; Accordingly, plaintiff's Medical Monitoring and Punitive Damages Claims are hereby dismissed. Signed by Judge Kurt D. Engelhardt on 4/9/2010. (Reference: 09-3251)(blg)
April 12, 2010
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ORDER AND REASONS granting in part, denying in part (as stated in document) 7792 MOTION to Dismiss Pursuant to Rules 12(b)(1), 12(b)(2) and 12(b)(6) With Respect to the Third and Fourth Supplemental and Amended Administrative Master Complaints (R. Docs. 4486 and 7688) by Morgan Building & Spas, Inc. and Morgan Building Systems. Signed by Judge Kurt D. Engelhardt on 4/12/2010.(Reference: ALL CASES)(blg)
April 21, 2010
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ORDER AND REASONS granting 13118 First MOTION for Extension of Deadlines to Match no-bid Contractors with previously matched manufacturers filed by Plaintiffs. Accordingly, Plaintiffs are granted an additional 60 days to match plaintiffs to specific contractor defendants. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 4/21/2010.(Reference: cases listed in doc 13118)(blg)
April 21, 2010
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ORDER AND REASONS granting 13198 MOTION for Extension of Deadlines - Motion to Extend Time to Serve Defendants filed by Plaintiffs. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 4/21/2010.(Reference: cases listed in doc 13198)(blg)
April 21, 2010
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ORDER AND REASONS granting 13201 First MOTION for Extension of Deadlines to Serve Defendant Ameri-Camp filed by Plaintiff. Accordingly, Plaintiff is granted an additional 60 days to insure that service is perfected on all parties. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 4/21/2010.(Reference: 10-260)(blg)
April 21, 2010
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ORDER AND REASONS denying 9722 MOTION for Summary Judgment by Recreation By Design, LLC filed by Defendant. Signed by Judge Kurt D. Engelhardt on 4/21/2010.(Reference: 09-3251)(blg)
May 4, 2010
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ORDER AND REASONS granting in part, denying in part 13232 MOTION for Partial Summary Judgment on Exclusion of Claims filed by Defendant Recreation By Design,LLC. Signed by Judge Kurt D. Engelhardt on 5/4/2010.(Reference: 09-3251)(blg)
May 4, 2010
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ORDER AND REASONS denying 13234 MOTION for Partial Summary Judgment on Plaintiff's mental Anguish Claims filed by Defendant Recreation by Design, LLC. Signed by Judge Kurt D. Engelhardt on 5/4/2010.(Reference: 09-3251)(blg)
May 5, 2010
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ORDER AND REASONS denying 13235 MOTION for Summary Judgment on Causation filed by Defendant Recreation By Design, LLC. Signed by Judge Kurt D. Engelhardt on 5/5/2010.(Reference: 09-3251)(blg)
May 5, 2010
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ORDER AND REASONS denying 13241 MOTION for Partial Summary Judgment as to Plaintiff's Failure to Warn Claim filed by Defendant Recreation By Design, LLC. Signed by Judge Kurt D. Engelhardt on 5/5/2010.(Reference: 09-3251)(blg)
May 5, 2010
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ORDER AND REASONS granting 13331 MOTION in Limine to Prohibit Reference to the Financial Matters of Earline Castanel filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 5/5/2010.(Reference: 09-3251)(blg)
May 5, 2010
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ORDER AND REASONS granting 13939 MOTION for Leave to File Supplemental Expert Report filed by Defendant Recreation By Design, LLC. RBD may submit a supplemental expert report of Dr. James to addresses smoking and the effects of smoking on Plaintiff's claims. Plaintiff may, in turn, submit a rebuttal report tailored to Dr. James' supplemental report on this issue. Signed by Judge Kurt D. Engelhardt on 5/5/2010.(Reference: 09-3251)(blg)
May 5, 2010
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ORDER AND REASONS granting 13291 MOTION to Add One Additional Witness to Plaintiff's Witness List filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 5/5/2010.(Reference: 09-3251)(blg)
May 5, 2010
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ORDER AND REASONS denying as premature 13262 MOTION for Entry of Judgment under Rule 54(b) Motion for Relief from Judgment filed by Plaintiff Earline Castanel. Signed by Judge Kurt D. Engelhardt on 5/5/2010.(Reference: 09-3251)(blg)
May 6, 2010
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ORDER AND REASONS denying 13297 MOTION in Limine to Exclude Testimony of plaintiff's Expert Kenneth R. Laughery, Ph.D. filed by Defendant Recreation by Design, LLC. Signed by Judge Kurt D. Engelhardt on 5/6/2010.(Reference: 09-3251)(blg)
May 6, 2010
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ORDER AND REASONS granting 13332 MOTION to Strike the Addendum to Michael Ginvevan's, Ph.D. Expert Report filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 5/6/2010.(Reference: 09-3251)(blg)
May 7, 2010
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: 09-3251)(ijg, )ORDER AND REASONS denying 13233 Motion for Partial Summary Judgment as to Surgery-Related Claims; denying 13314 Motion in Limine to Exclude Evidence and/or Testimony Regarding Surgery-Related Claims. Signed by Judge Kurt D. Engelhardt. (Reference
May 10, 2010
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ORDER AND REASONS denying 13603 MOTION to Exclude the Testimony of Dr. Ronald French filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 5/10/2010.(Reference: 09-3251)(blg)
May 10, 2010
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ORDER AND REASONS granting 13951 MOTION for Leave to File Motion in Limine to Prevent and/or Exclude Testimony Regarding Fleetwood filed by Defendant Recreation By Design, LLC; denying 14041 MOTION in Limine to to Prevent and/or Exclude Testimony Regarding Fleetwood filed by Defendant Recreation By Design, LLC. Signed by Judge Kurt D. Engelhardt on 5/10/2010.(Reference: 09-3251)(blg)
May 11, 2010
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ORDER AND REASONS re 13306 MOTION in Limine to Exclude Plaintiff's Expert Testimony of Gerald McGwin, PhD filed by Defendant Recreation by Design, LLC. Signed by Judge Kurt D. Engelhardt on 5/11/2010.(Reference: 09-3251)(blg)
May 11, 2010
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ORDER AND REASONS denying 13303 MOTION in Limine to Exclude Expert Testimony of Edward Shwery, PhD filed by Defendant Recreation By Design, LLC. Signed by Judge Kurt D. Engelhardt on 5/11/2010.(Reference: 09-3251)(blg)
May 11, 2010
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ORDER AND REASONS denying 13308 MOTION in Limine to Strike References to an Alternative Design and Related Demonstrative Exhibit filed by Defendant. Signed by Judge Kurt D. Engelhardt on 5/11/2010.(Reference: 09-3251)(blg)
May 11, 2010
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ORDER AND REASONS granting in part, denying in part 13310 MOTION in Limine to Exclude Opinions and Testimony of Stephen Smulski, Ph.D. filed by Defendant Recreation By Design, LLC. Signed by Judge Kurt D. Engelhardt on 5/11/2010.(Reference: 09-3251)(blg)
May 11, 2010
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Defendant Recreation By Design, LLC is DENIED IN PART AND PARTIALLY DEFERRED TO TRIAL. Signed by Judge Kurt D. Engelhardt on 5/11/2010.(Reference: 09-3251)(blg)ORDER AND REASONS granting 13955 MOTION for Leave to File Motion to Strike the Testimony of Albert Jarrell filed by Defendant Recreation By Design, LLC. FURTHER ORDERED that 14049 MOTION to Strike the Testimony of Albert Jarrell filed by
May 12, 2010
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ORDER AND REASONS granting in part, denying in part 13315 MOTION in Limine to Exclude Opinions and Testimony of Alexis Mallet filed by Defendant Recreation By Design, LLC. Signed by Judge Kurt D. Engelhardt on 5/12/2010.(Reference: 09-3251)(blg)
May 13, 2010
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ORDER AND REASONS denying 13298 MOTION in Limine to Exclude Testimony of plaintiff's expert Dr. Lawrence Miller filed by Defendant Recreation By Design, LLC. Signed by Judge Kurt D. Engelhardt on 5/13/2010.(Reference: 09-3251)(blg)
May 13, 2010
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ORDER AND REASONS denying 13330 MOTION in Limine to Exclude References to Certain Incidents Relating to Dr. Miller filed by Plaintiffs' Liaison Counsel,. Signed by Judge Kurt D. Engelhardt on 5/13/2010.(Reference: 09-3251)(blg)
May 13, 2010
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ORDER AND REASONS re 13599 MOTION for Daubert Hearing to Exclude Expert Testimony of Dr. Lawrence Miller filed by Defendant Recreation By Design, LLC. Signed by Judge Kurt D. Engelhardt on 5/13/2010.(Reference: 09-3251)(blg)
May 13, 2010
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ORDER AND REASONS denying 14054 MOTION for Reconsideration re 13989 Order granting plaintiff's motion to add one additional witness, filed by defendant by Recreation by Design, LLC. Signed by Judge Kurt D. Engelhardt on 5/13/2010.(Reference: 09-3251)(blg)
May 14, 2010
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ORDER AND REASONS granting in part, denying in part 13600 MOTION for Daubert Hearing to Exclude Expert Testimony of Paul Hewett filed by Defendant Recreation By Design, LLC. Signed by Judge Kurt D. Engelhardt on 5/14/2010.(Reference: 09-3251)(blg)
May 14, 2010
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ORDER AND REASONS that all objections to exhibits are REFERRED TO TRIAL, with the following caveats stated in document. Signed by Judge Kurt D. Engelhardt on 5/14/2010.(Reference: 09-3251)(blg)
May 18, 2010
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Louisiana Plaintiffs have alleged claims against the Government based on simple negligence, such claims are dismissed with prejudice. Signed by Judge Kurt D. Engelhardt on 5/18/2010.(Reference: ALL CASES)(blg)ORDER AND REASONS granting 6970 MOTION to Dismiss for Lack of Jurisdiction the FTCA Negligence Claims of All "Louisiana Plaintiffs" Based Upon No Analogous Private Liability filed by United States of America; To the extent that the
May 19, 2010
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ractors/installers. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. EngelORDER AND REASONS granting 13936 MOTION for Extension of Deadlines to Match Plaintiffs Pursuant to Pretrial Order Nos. 40 and 49 and 53 filed by Plaintiffs; extension of 30 days from the entry of this Order to match to manufacturers and conthardt on 5/19/2010.(Reference: cases stated in document 13936)(blg)
June 10, 2010
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ORDER AND REASONS granting in part, denying in part 13255 MOTION Entry of Judgment filed by Defendants Forest River, Inc. and Shaw Environmental, Inc. Signed by Judge Kurt D. Engelhardt on 6/10/2010.(Reference: 09-2977)(blg)
June 18, 2010
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ORDER AND REASONS granting in part, denying in part 13691 MOTION for Leave to File a Global Motion for Leave to Amend and Add the United States Once all Plaintiffs' Claims are Ripe as to the United States filed by Plaintiffs. The motion is granted to the extent that the Court will allow a global motion for leave to be filed seeking leave to file 385 separate amended complaints. The motion is denied to the extent that the Court will not allow a global amended complaint seeking to add claims against the Government in 385 separate member cases. Signed by Judge Kurt D. Engelhardt on 6/18/2010.(Reference: cases stated on document)(blg)
June 18, 2010
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ORDER AND REASONS granting 14273 First MOTION to Amend/Correct Complaint filed by Plaintiffs Sonia M. Silas, et al, 14274 First MOTION to Amend/Correct Complaint filed by Plaintiffs Jimmy D. Briggs, et al, 14275 First MOTION to Amend/Correct Amended filed by Plaintiffs Barbara J. B. Blackmon, et al, 14277 First MOTION to Amend/Correct Complaint filed by Plaintiffs Christine J. Kellsten, et al, 14304 First MOTION to Amend/Correct Complaint filed by Plaintiffs Tamekia K. Ellzey, et al, 14305 First MOTION to Amend/Correct Complaint filed by Plaintiffs Hattie C. Sutton, et al, 14306 First MOTION to Amend/Correct Complaint filed by Plaintiffs Patricia H. Fountain, et al, 14307 Second MOTION to Amend/Correct Complaint filed by Plaintiffs Judy L. Bourgeois, et al, 14308 First MOTION to Amend/Correct Complaint filed by Plaintiffs Charlene M. McBroom, et al. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 6/18/2010.(Reference: 10-476, 10-265, 10-1359, 10-269, 10-477, 10-478, 10-1354, 10-910, 10-260)(blg)
June 23, 2010
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ORDER AND REASONS granting 7690 MOTION to Dismiss for Lack of Jurisdiction Claims of "Mississippi Plaintiffs" Based Upon No Analogous Private Liability filed by United States of America; Thus, all of Mississippi Plaintiffs' FTCA claims are dismissed for lack of subject matter jurisdiction. Signed by Judge Kurt D. Engelhardt on 6/23/2010.(Reference: ALL CASES)(blg)
June 30, 2010
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ORDER AND REASONS granting 14316 First MOTION to Amend/Correct Complaint filed by Plaintiffs Marshalle D. Rush, et al, granting 14315 Second MOTION to Amend/Correct Complaint filed by Plaintiffs Sonia M. Silas, et al. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 6/30/2010.(Reference: 10-476, 10-1357)(blg)
August 3, 2010
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ORDER AND REASONS granting 14614 MOTION for Leave to File Supplemental and Amended Complaint filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 8/3/2010.(Reference: 10-1275, 10-1268, 10-1266)(blg)
August 4, 2010
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ORDER granting 15040 Motion for Entry of Judgment under Rule 54(b); ORDERED, ADJUDGED and DECREED that there be a Fed. R. Civ. P. 54(b)judgment in favor of the defendant, United States of America, and that any and all claims asserted by plaintiffs in these actions are hereby DISMISSED WITH PREJUDICE, with taxable costs assessed in the government's favor. Signed by Judge Kurt D. Engelhardt on 8/4/2010. (Reference: 10-00908; 09-05600; 09-05597; 10-00583; 09-05609; 09-05602; 09-05606; 09-05568; 09-05575; 09-05608; 09-05601; 09-05607; 10-01396; 09-05559; 09-05579; 10-01397; 09-05593; 09-06886; 10-01360; 10-00579; 10-01401; 09-05545; 10-01373; 09-06899; 09-06895; 09-06894; 09-06901; 09-05574; 10-01386; 09-05541; 09-05603; 09-05577; 10-00909; 09-06903; 09-05584; 09-05576; 10-00580; 09-05582; 09-05598; 09-05595; 10-01686; 09-03943; 09-06722; 10-01399; 10-00257; 09-06716; 09-05586; 10-01052; 09-05565; 10-01371; 09-05590; 09-05580; 10-01359; 09-06017; 09-06211; 09-05587; 09-05589; 09-05583; 10-01365; 10-00916; 09-06902; 09-06412; 09-06643; 10-00910; 10-01392; 10-00581; 09-05569; 10-01369; 10-01380; 10-01042; 10-01403; 09-05564; 10-01393; 10-00265; 10-00571; 10-01400; 10-01685; 10-01041; 10-01050; 10-00917; 10-00578; 10-00913; 10-01395; 09-06717; 10-00264; 09-05567; 09-05605; 09-05547; 09-05553; 10-01367; 10-00574; 09-05573; 10-00266; 10-00485; 09-05604; 09-05610; 10-01409; 10-00912; 10-01366; 10--00258; 09-05570; 09-05588; 10-01375; 10-01368; 09-05548; 10-01045; 10-00267; 10-01394; 10-01372; 10-01376; 09-05578; 09-05592; 10-01044; 10-00918; 10-00919; 10-00271; 10-01377; 10-00268; 10-01049; 09-05572; 10-01383; 09-06016; 10-00489; 09-05540; 09-06905; 09-06896; 09-05611; 09-05544; 09-05581; 10-00922; 10-01389; 10-01364; 10-00914; 10-00584; 10-00911; 09-06891; 10-01388; 09-05539; 10-00572; 10-01384; 10-00272; 10-00577; 10-01374; 09-05538; 09-05542; 09-05556; 10-00269; 09-06888; 10-01402; 09-05557; 09-06890; 09-06721; 09-03944; 09-05552; 10-00573; 10-00484; 09-06907; 09-05585; 10-00482; 10-01404; 09-05566; 10-00486; 10-00473; 10-00273; 10-01406; 10-00481; 10-00260; 10-00575; 10-00261; 09-06887; 10-01362; 09-05558; 09-05555; 09-05561; 09-06897; 10-00576; 10-00920; 10-01043; 09-06908; 09-03942; 10-01363; 10-00488; 10-00259; 10-01391; 09-05599; 09-06419; 09-05571; 10-00262; 10-00921; 09-05596; 09-06018; 09-05546; 10-00582; 10-01382; 10-01357; 10-00487; 10-00476; 09-06212; 10-01370; 09-05563; 10-00478; 10-01398; 10-00263; 10-00270; 10-01687; 10-01381; 10-01385; 10-00906; 09-06904)(blg)
August 9, 2010
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ORDER AND OPINION granting 10656 MOTION to Dismiss for Lack of Jurisdiction the FTCA Claims of All "Alabama Plaintiffs" Based Upon No Analogous Private Liability filed by United States of America. Thus, all of Alabama Plaintiffs' FTCA claims are dismissed for lack of subject matter jurisdiction. Signed by Judge Kurt D. Engelhardt on 8/9/2010.(Reference: ALL CASES (Alabama Plaintiffs)(blg)
August 19, 2010
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ORDER AND REASONS granting 15065 MOTION for Appointment of Disbursing Agent and Data Management Consultant filed by Plaintiffs' Liaison Counsel. Accordingly, the firm of Postlethwaite & Netterville shall serve as the Court Appointed Disbursing Agent in regard to the Fleetwood settlement. The firm of LexMTRX, LLC shall be retained by the Special Master to provide data management / analysis services for the purpose of aiding the Special Master in the efficient discharge of his duties in regard to the Fleetwood settlement. The firms of Postlethwaite & Netterville and LexMTRX, LLC shall be compensated from the settlement fund established and placed into escrow in regard to the Fleetwood settlement. Signed by Judge Kurt D. Engelhardt on 8/19/2010.(Reference: ALL CASES)(blg)
August 24, 2010
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ORDER granting 15777 Motion for Entry of Judgment under Rule 54(b). ORDERED, ADJUDGED and DECREED that there be a Fed. R. Civ. P. 54(b)judgment in favor of the defendant, United States of America, and that any and all claims asserted by plaintiffs in these actions are hereby DISMISSED WITH PREJUDICE, with taxable costs assessed in the government's favor. Signed by Judge Kurt D. Engelhardt on 8/24/2010. (Reference: 09-05970; 09-05971; 09-06144; 09-06145; 09-06146; 09-06147; 09-06494; 09-06495;09-06497; 09-06632; 09-06634; 09-07526; 09-07528; 10-0779)(blg)
August 25, 2010
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Supplemental and Amended Complaints filed by Plaintiff, 15014 MOTION for Leave to File Supplemental and Amended ComplaintS filed by Plaintiff, 14993 MOTION for Leave to File Supplemental and Amended Complaints filed by PlaintORDER AND REASONS granting 15018 MOTION for Leave to File Supplemental and Amended Complaint filed by Plaintiff, 14938 MOTION for Leave to File Supplemental and Amended Complaint filed by Plaintiff, 15015 MOTION for Leave to File iff, 15017 MOTION for Leave to File Supplemental and Amended Complaints filed by Plaintiff, 15016 MOTION for Leave to File Supplemental and Amended Complaints filed by Plaintiff, 14953 MOTION for Leave to File Supplemental and Amended Complaints filed by Plaintiff, Motions terminated: 15018 MOTION for Leave to File Supplemental and Amended Complaint filed by Plaintiff, 14938 MOTION for Leave to File Supplemental and Amended Complaint filed by Plaintiff, 15015 MOTION for Leave to File Supplemental and Amended Complaints filed by Plaintiff, 15014 MOTION for Leave to File Supplemental and Amended ComplaintS filed by Plaintiff, 14993 MOTION for Leave to File Supplemental and Amended Complaints filed by Plaintiff, 15017 MOTION for Leave to File Supplemental and Amended Complaints filed by Plaintiff, 15016 MOTION for Leave to File Supplemental and Amended Complaints filed by Plaintiff, 14953 MOTION for Leave to File Supplemental and Amended Complaints filed by Plaintiff. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 8/25/2010.(Reference: 09-6171; 09-6164; 09-4757; 09-4708; 09-4709; 09-7536; 09-4710; 09-7532; 09-4711; 09-4712; 09-4713; 10-534; 09-4716; 09-4717; 09-4718; 09-4719; 09-4721; 09-7533; 09-4722; 09-4724; 09-4758; 09-7531; 09-4727; 09-7530; 09-4730; 09-4731; 09-7535; 09-4734; 09-4738; 09-4739; 09-4754; 09-4744; 09-4746; 09-4755; 09-6635; 10-1272; 10-1269; 10-1270; 10-1267; 10-1265; 10-1284; 10-1277; 10-1263; 10-1257; 10-1258; 10-1255; 10-1254; 10-1253; 10-1252; 10-1251; 10-1264; 10-1261; 10-1260; 10-1291; 10-1293; 10-1294; 10-1296; 10-1298; 10-1304; 10-1287; 10-1286; 10-1300; 10-1303; 10-1306; 10-1310; 10-1312; 09-7844; 09-7925; 09-7978; 10-1256; 10-1289; 10-1292; 09-7801; 10-1311; 10-1266; 10-1262; 10-1285; 10-1305)(blg)
September 8, 2010
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ORDER AND REASONS granting 15648 MOTION for Extension of Deadlines to Serve Defendants filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 9/8/2010.(Reference: 09-476, 09-513, 09-519, 09-542, 09-4724, 09-4725, 09-4726, 09-4729, 09-6946, 09-6954, 09-6961, 09-6962, 09-7062, 09-7068, 09-7088, 09-7092, 09-7109, 09-7119, 09-7121, 09-7792, 09-7794, 09-7796, 09-7797, 09-7798, 09-7799, 09-7800, 09-7802, 09-7804, 09-7806, 09-7807, 09-7808, 09-7813, 09-7814, 09-7816, 09-7818, 09-7819, 09-7822, 09-7823, 09-7827, 09-7828, 09-7831, 09-7833, 09-7837, 09-7838, 09-7839, 09-7840, 09-7842, 09-7843, 09-7845, 09-7846, 09-7851, 09-7853, 09-7854, 09-7856, 09-7857, 09-7858, 09-7859, 09-7889, 09-7891, 09-7894, 09-7897, 09-7898, 09-7903, 09-7905, 09-7907, 09-7909, 09-7910, 09-7911, 09-7912, 09-7913, 09-7916, 09-7919, 09-7921, 09-7922, 09-7924, 09-7925, 09-7960, 09-7962, 09-7963, 09-7965, 09-7973, 09-7978, 09-7980, 09-7983, 09-7984, 09-7987, 09-7990, 09-7991, 10-1253, 10-1256, 10-1259, 10-1262, 10-1267, 10-1276, 10-1277, 10-1292, 10-1306)(blg)
September 22, 2010
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ORDER AND REASONS granting in part, denying in part 14272 MOTION for Entry of Judgment under Rule 54(b) by Defendant Recreation By Design, LLC. The motion is granted to the extent that the Court will issue a Judgment, by separate order, which is slightly different from the Judgment proposed by RBD and which states as follows: Considering the record, the answers by the jury to the interrogatories propounded by the Court, and the law, for the reasons assigned; IT IS ORDERED, ADJUDGED and DECREED that there be judgment herein in favor of Defendant, Recreation by Design, LLC, and that any and all claims asserted by Plaintiff, Earline Castanel, against Recreation by Design, LLC be and hereby are DISMISSED WITH PREJUDICE, with taxable costs assessed in Defendant's favor. Signed by Judge Kurt D. Engelhardt on 9/22/2010.(Reference: 09-3251)(blg)
October 6, 2010
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ORDER AND REASONS granting 16187 MOTION for Leave to File Third Supplemental and Amending Complaint for Damages filed by Plaintiff, 16205 MOTION for Leave to File Second Supplemental and Amending Complaint for Damages filed by Plaintiff, 16188 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301). Signed by Judge Kurt D. Engelhardt on 10/6/2010.(Reference: 09-3559, 09-3482, 09-3867)(blg)
October 19, 2010
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ORDER AND REASONS granting 16073 MOTION to Dismiss For Failure to Comply with Pre-Trial Order 32 filed by Defendant William Scotsman, Inc. Thus, any and all claims against William Scotsman, Inc. In this matter are hereby dismissed with prejudice and at Plaintiffs cost. Signed by Judge Kurt D. Engelhardt on 10/19/2010.(Reference: 09-8564)(blg)
October 20, 2010
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ORDER AND REASONS granting 16352 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16303 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16386 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16304 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16238 MOTION for Leave to File Second Supplemental and Amending Complaint for Damages filed by Plaintiff, 16353 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16351 MOTION for Leave to File Fifth Supplemental and Amending Complaint for Damages filed by Plaintiff, 16241 MOTION for Leave to File Second Supplemental and Amending Complaint for Damages filed by Plaintiff, 16315 MOTION for Leave to File Second Supplemental and Amending Complaint for Damages filed by Plaintiff, 16349 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16243 MOTION for Leave to File Third Supplemental and Amending Complaint for Damages filed by Plaintiff, 16242 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16212 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16347 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16312 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16384 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16383 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16240 MOTION for Leave to File Second Supplemental and Amending Complaint for Damages filed by Plaintiff, 16335 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16311 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16310 MOTION for Leave to File Second Supplemental and Amending Complaint for Damages filed by Plaintiff, Motions terminated: 16352 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16303 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16386 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16304 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16238 MOTION for Leave to File Second Supplemental and Amending Complaint for Damages filed by Plaintiff, 16353 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16351 MOTION for Leave to File Fifth Supplemental and Amending Complaint for Damages filed by Plaintiff, 16241 MOTION for Leave to File Second Supplemental and Amending Complaint for Damages filed by Plaintiff, 16315 MOTION for Leave to File Second Supplemental and Amending Complaint for Damages filed by Plaintiff, 16349 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16243 MOTION for Leave to File Third Supplemental and Amending Complaint for Damages filed by Plaintiff, 16242 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16212 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16347 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16312 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16384 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16383 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16240 MOTION for Leave to File Second Supplemental and Amending Complaint for Damages filed by Plaintiff, 16335 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16311 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiff, 16310 MOTION for Leave to File Second Supplemental and Amending Complaint for Damages filed by Plaintiff. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 10/20/2010.(Reference: 09-4265 (incorrect case number on doc), 09-3629, 09-4496, 09-6410, 09-6210, 09-4126, 09-3558, 09-4449, 09-4438, 09-4426, 09-4448, 09-3604, 09-5536, 09-3630, 09-3832, 09-3922, 09-5622, 09-4462, 09-4455, 09-3677, 09-6403)(blg) Modified on 10/25/2010 (blg).
October 25, 2010
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ORDER AND REASONS granting 14489 MOTION to Extend Time to Serve Defendant filed by Plaintiffs; only to the extent that Plaintiff is allowed until Monday, November 15, 2010 to perfect service on Defendant Davis Professional Accounting Services, L.L.C. No additional time to serve will be allowed. Signed by Judge Kurt D. Engelhardt on 10/25/2010.(Reference: 09-3764)(blg)
October 25, 2010
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ORDER AND REASONS denying 15021 Second MOTION for Leave to File Second Supplemental and Amending Complaint for Damages filed by Plaintiff, 15020 Second MOTION for Leave to File Second Supplemental and Amending Complaint for Damages filed by Plaintiff, 15019 Third MOTION for Leave to File Third Supplemental and Amending Complaint for Damages filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 10/25/2010.(Reference: 10-476, 10-1358, 10-907)(blg)
October 25, 2010
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ORDER AND REASONS denying 14197 MOTION for Entry of Judgment under Rule 54(b) MOTION for Entry of Judgment under Rule 54(b) filed by Plaintiffs' Liaison Counsel; granting 15976 MOTION to Certify for Interlocutory Review Pursuant to 28 U.S.C., Section 1292(b) the Court's May 18, 2010 Order Dismissing FTCA Negligence Claims of All Louisiana Plaintiffs. Signed by Judge Kurt D. Engelhardt on 10/25/2010.(Reference: All Louisiana Plaintiffs)(blg)
October 26, 2010
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ORDER AND REASONS granting 14319 MOTION for Review of 14271 Taxation of Costs (issued by the Clerk of Court) filed by United States of America. Signed by Judge Kurt D. Engelhardt on 10/26/2010.(Reference: 09-2977)(blg)
December 2, 2010
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ORDER AND REASONS granting in part, denying in part 13421 MOTION to Dismiss Plaintiffs' Third and Fourth Amended Master Complaints 4468 and 7688 filed by Contractor Defendants. Signed by Judge Kurt D. Engelhardt on 12/2/2010.(Reference: ALL CASES)(blg)
December 6, 2010
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ORDER AND REASONS denying 13425 Joint MOTION to Dismiss LPLA claims in the Third and Fourth Supplemental and Amended Administrative Master Complaints filed by Contractor Defendants CH2M Hill Constructors, Inc. and Shaw Environmental, Inc., 13423 MOTION for Partial Judgment on the Pleadings to Dismiss LPLA claims in the 3rd & 4th Supplemental and Amended Administrative Master Complaints filed by Defendant Fluor Enterprises, Inc. Signed by Judge Kurt D. Engelhardt on 12/6/2010.(Reference: ALL CASES)(blg)
December 15, 2010
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ORDER AND REASONS granting 18270 MOTION for Leave to File Amended Complaint filed by Plaintiff, 18282 MOTION for Leave to File Amended Complaint filed by Plaintiff, 18273 MOTION for Leave to File Amended Complaint filed by Plaintiff, 18271 MOTION for Leave to File Amended Complaint filed by Plaintiffs' Liaison Counsel, 18272 MOTION for Leave to File Amended Complaint filed by Plaintiffs' Liaison Counsel, 18281 MOTION for Leave to File Amended Complaint filed by Plaintiffs' Liaison Counsel. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 12/15/2010.(Reference: 09-4975, 09-4993, 09-4974, 09-6037, 09-5231, 10-231)(blg)
December 15, 2010
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ORDER AND REASONS granting 17922 MOTION for Reimbursement of Certain Common Benefit Expenses from Fleetwood Settlement Fund filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 12/15/2010.(Reference: ALL CASES)(blg)
December 29, 2010
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ORDER AND REASONS granting 16174 MOTION to Dismiss Pursuant to Fleetwood Settlement filed by Plaintiffs' Liaison Counsel. FURTHER ORDERED that, pursuant to the settlement agreement entered into between certain plaintiffs and Fleetwood Canada, Ltd., Fleetwood Homes of North Carolina, Inc., Fleetwood Homes of Georgia, Inc., Fleetwood Travel Trailers of Maryland, Inc., and American International Group, Inc., as well as the liability insurers of the Fleetwood interests, including, but not limited to, Gibraltar Insurance Company, Ltd. and American International Specialty Lines Insurance Company (now known as Chartis Specialty Insurance Company), and Starr Excess Liability Insurance Company (now known as Chartis Select Insurance Company), all pending claims made or asserted by or on behalf of plaintiffs in these proceedings against the following defendants and/or their insurers are hereby dismissed with prejudice, each party to bear its own litigation costs. FURTHER ORDERED, more specifically, that the claims of plaintiffs in these proceedings against any of the above-listed defendants and/or insurers in the actions listed and identified on Exhibit A attached hereto, are hereby dismissed with prejudice, each party to bear its own litigation cost. FINALLY ORDERED that claims against the above-listed defendants and/or insurers which are made or asserted by or on behalf of any plaintiffs in any action transferred into this MDL after the date of this Order, as well as claims against the above-listed defendants and/or insurers by or on behalf of any plaintiff hereafter matched as an occupant to an emergency housing unit manufactured by one or more of the above-listed settling defendant manufacturers, will be subject to dismissal with prejudice on the presentation of the appropriate motion confirming any such plaintiff's participation in the Special Masters protocol for the allocation and distribution of funds in connection with the above settlement. Signed by Judge Kurt D. Engelhardt on 12/29/2010. (Attachments: # (1) Exhibit A)(Reference: ALL CASES)(blg)
December 29, 2010
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ORDER AND REASONS denying 18701 MOTION for Entry of Order Concerning Summary Jury Trial Involving Dutchmen Manufacturing, Inc. filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 12/29/2010.(Reference: ALL CASES)(blg)
January 19, 2011
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ORDER AND REASONS partly granting as unopposed, partly denying as withdrawn, and partly referring to the hearing on 1/21/2011 18684 Joint MOTION to Dismiss Claims for Failure to Comply with Order and Reasons Concerning Deadlines for Matching and Filing filed by Defendants' Liaison Counsel, and 19080 Joint MOTION to Dismiss Claims for Failure to Comply with Order and Reasons Concerning Deadlines for Matching and Filing filed by Contractor Defendants. FURTHER ORDERED that the 18707 MOTION to Dismiss filed by Morgan Building and Spa's Inc. is partly granted as unopposed, partly denied as moot and partly referred to the hearing on 1/21/2011. Signed by Judge Kurt D. Engelhardt on 1/19/2011.(Reference: ALL CASES)(blg)
January 20, 2011
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ORDER AND REASONS - ORDERED that the remainder of the Motions 18684 Joint MOTION to Dismiss Claims for Failure to Comply with Order and Reasons Concerning Deadlines for Matching and Filing filed by Defendants' Liaison Counsel, and 19080 Joint MOTION to Dismiss Claims for Failure to Comply with Order and Reasons Concerning Deadlines for Matching and Filing filed by Contractor Defendants, are PARTLY GRANTED AND PARTLY REFERRED to the hearing of 1/21/2011. GRANTED as to the "shell" cases (as stated in document), which are DISMISSED with prejudice. FURTHER ORDERED that the remainder of the 18707 MOTION to Dismiss filed by Morgan Building and Spa's Inc. is PARTLY DENIED AS MOOT and PARTLY REFERRED to the hearing on 1/21/2011. Specifically, the motion is DENIED AS MOOT as to cases 10-751, 10-513, 10-508, 09-7985, 10-994, 10-1000, 10-511, 10-514, 10-738. Signed by Judge Kurt D. Engelhardt on 1/20/2011.(Reference: ALL CASES)(blg)
January 24, 2011
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ORDER AND REASONS granting in part and denying in part 18684 Motion to Dismiss filed by the Manufacturing Defendants and the 19080 Motion to Dismiss filed by the Contractor Defendants as set forth in document. Further Ordered that the remainder of the 18707 Motion to Dismiss filed by Morgan Building and Spa's, Inc. is granted as set forth in document. Signed by Judge Kurt D. Engelhardt. (Reference: all cases)(ijg, )
January 25, 2011
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ORDER AND REASONS denying 10038 Cross-Motion for Summary Judgment; granting 11579 Cross-Motion for Summary Judgment as set forth in document. Signed by Judge Kurt D. Engelhardt. (Reference: 09-3818)(ijg, )
March 15, 2011
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ORDER AND REASONS denying 11990 MOTION to Remand to State Court filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 3/15/2011.(Reference: 10-196)(blg)
March 16, 2011
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ORDER AND REASONS denying 11991 MOTION to Remand to State Court filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 3/16/2011.(Reference: 10-198)(blg)
March 16, 2011
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ORDER AND REASONS denying 11992 MOTION to Remand to State Court filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 3/16/2011.(Reference: 10-204)(blg)
March 16, 2011
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ORDER AND REASONS denying 11993 MOTION to Remand to State Court filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 3/16/2011.(Reference: 10-212)(blg)
March 16, 2011
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ORDER AND REASONS denying 11994 MOTION to Remand to State Court filed by Plaintiff. Signed by Judge Kurt D. Engelhardt on 3/16/2011.(Reference: 10-216)(blg)
April 5, 2011
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ORDER AND REASONS granting 20481 MOTION for Preliminary Approval of Proposed Class Settlement filed by Defendants' Liaison Counsel, Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 4/5/2011.(Reference: ALL CASES)(blg)
April 12, 2011
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ORDER AND REASONS granting 11858 MOTION to Strike Venue Allegations in Plaintiffs' Third and Fourth Supplemental and Amended Administrative Master Complaints (Rec. Doc. 4486 and Rec. Doc. 7688) filed by United States of America; denying 14480 MOTION for Leave to File Fifth Supplemental and Amended Administrative Master Complaint filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 4/12/2011.(Reference: ALL CASES)(blg)
April 27, 2011
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1.(Reference: ALL CASES)(blg)ORDER AND REASONS denying 13426 MOTION for Partial Judgment on the Pleadings on Negligence Claims in the Third and Fourth Supplemental and Amended Administrative Master Complaints filed by Defendant Fluor Enterprises, Inc., 13428 Joint MOTION to Dismiss Negligence Claims in the Third and Fourth Supplemental and Amended Administrative Master Complaints filed by Contractor Defendants CH2M Hill Constructors, Incs and Shaw Environmental, Inc. Signed by Judge Kurt D. Engelhardt on 4/27/201
May 5, 2011
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ORDER AND REASONS granting 20748 MOTION to Dismiss for Failure to Comply with Pre-Trial Order 32 Relating to Plaintiff Fact Sheets, for Plaintiffs Markalla LaFrance, Yascia LaFrance, Sharon Prout, and Kyle LaFrance filed by Defendant Crum & Forster Specialty Insurance Company. Signed by Judge Kurt D. Engelhardt on 5/5/2011.(Reference: 09-4584)(blg)
May 5, 2011
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ORDER AND REASONS granting 20749 MOTION to Dismiss for Failure to Comply with Pre-Trial Order 32 Relating to Plaintiff Fact Sheets, for Plaintiffs Ashley White, Joshua White, Geraldo Perez, & Maria Miranda filed by Defendant Crum & Forster Specialty Insurance Company. Signed by Judge Kurt D. Engelhardt on 5/5/2011.(Reference: 09-4610)(blg)
May 5, 2011
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ORDER AND REASONS granting 20750 MOTION to Dismiss for Failure to Comply with Pre-Trial Order 32 Relating to Plaintiff Fact Sheets, for Plaintiff Christopher Richard, Jr., filed by Defendant Crum & Forster Specialty Insurance Company. Signed by Judge Kurt D. Engelhardt on 5/5/2011.(Reference: 09-4525)(blg)
May 6, 2011
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ORDER AND REASONS denying 13455 MOTION for Partial Judgment on the Pleadings to Dismiss Mississippi Products Liability Claims in the 3rd & 4th Supplemental and Amended Administrative Master Complaints filed by Defendants Bechtel National, Inc. and CH2M HILL Constructors, Inc., 13422 MOTION to Dismiss Plaintiffs' Mississippi Products Liability claims filed by Contractor Defendant Fluor Enterprises, Inc. Signed by Judge Kurt D. Engelhardt on 5/6/2011.(Reference: ALL CASES)(blg)
May 10, 2011
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ORDER AND REASONS granting 19570 MOTION to Dismiss For Failure to Comply with PTO 32 Re: Plaintiff Fact Sheets by Defendant Crum & Forster Specialty Insurance Company. Signed by Judge Kurt D. Engelhardt on 5/10/2011.(Reference: 09-8709)(blg)
May 10, 2011
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ORDER AND REASONS granting 19571 MOTION to Dismiss For Failure to Comply with PTO 32 Regarding Plaitniff Fact Sheets, by Defendant Crum & Forster Specialty Insurance Company. Signed by Judge Kurt D. Engelhardt on 5/10/2011.(Reference: 09-5432)(blg)
May 25, 2011
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ORDER AND REASONS denying 20437 MOTION to Remand filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 5/25/2011.(Reference: 11-416)(blg)
May 25, 2011
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ORDER AND REASONS denying 20438 MOTION to Remand filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 5/25/2011.(Reference: 11-420)(blg)
May 25, 2011
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ORDER AND REASONS denying 20443 MOTION to Remand filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 5/25/2011.(Reference: 11-414)(blg)
May 25, 2011
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ORDER AND REASONS denying 20444 MOTION to Remand filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 5/25/2011.(Reference: 11-421)(blg)
May 25, 2011
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ORDER AND REASONS denying 20445 MOTION to Remand filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 5/25/2011.(Reference: 11-422)(blg)
May 25, 2011
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ORDER AND REASONS denying 20446 MOTION to Remand filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 5/25/2011.(Reference: 11-413)(blg)
May 25, 2011
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ORDER AND REASONS denying 20447 MOTION to Remand filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 5/25/2011.(Reference: 11-410)(blg)
May 25, 2011
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ORDER AND REASONS denying 20448 MOTION to Remand filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 5/25/2011.(Reference: 11-412)(blg)
May 26, 2011
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ORDER AND REASONS denying 20463 MOTION to Remand filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 5/26/2011.(Reference: 11-411)(blg)
June 1, 2011
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ORDER AND REASONS granting 20887 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets As To Plaintiffs Jonathan Martin, Jr., and Jonathan Martin, Sr, by Defendant Crum & Forster Specialty Insurance Company. Signed by Judge Kurt D. Engelhardt on 6/1/2011.(Reference: 09-5432)(blg)
June 1, 2011
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ORDER AND REASONS granting 20926 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 2 & 32 Relating To Plaintiffs Fact Sheets, as to Plaintiff Leonor Gomez, Filed By Crum & Forster Specialty Insurance Company. Signed by Judge Kurt D. Engelhardt on 6/1/2011.(Reference: 09-8454)(blg)
June 1, 2011
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ORDER AND REASONS granting 20889 MOTION for Extension of Time to File Response/Reply to the Defendant's Request to Cure Deficiencies filed by Plaintiffs. Thus, the Court grants an additional 45 days in which to cure deficiencies alleged by the Defendant as to the first seventeen (17) Plaintiffs listed to Exhibit "A" to the instant motion and an additional 120 days in which to cure deficiencies alleged by the Defendants as to Louis and Verlillian Evans. Signed by Judge Kurt D. Engelhardt on 6/1/2011.(Reference: 10-1358, 10-2362)(blg)
June 15, 2011
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ORDER AND REASONS granting 21712 MOTION to Dismiss Party Defendant Dutchmen Manufacturing, Inc. filed by Defendant. Signed by Judge Kurt D. Engelhardt on 6/15/2011.(Reference: 11-1041)(blg)
June 15, 2011
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ORDER granting 22047 Motion to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2 & 32 Relating to Plaintiffs Fact Sheets; as to plaintiffs Timothy Foret (09-5760), Leon Jefferson (09-5314), Dion Duperon (09-3985). Signed by Judge Kurt D. Engelhardt on 6/15/2011. (Reference: 09-5760, 09-5314, 09-4038, 09-3985)(blg)
June 24, 2011
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ORDER AND REASONS granting 22074 MOTION for Entry of Pretrial Order Concerning Completion of Plaintiff Fact Sheets, the Deficiency Process and Compilation of a Master Database of Plaintiffs for Resolution of Claims filed by Plaintiffs' Liaison Counsel. Signed by Judge Kurt D. Engelhardt on 6/24/2011.(Reference: ALL CASES)(blg)
June 29, 2011
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ORDER AND REASONS granting 21941 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 2 And 32 Relating To Plaintiffs Fact Sheets, As To Plaintiff Christopher Paul; per Rec. Doc. 22105, Defendant no longer seeks the dismissal of Plaintiff Lillie Favre's claims. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 6/29/2011.(Reference: 09-8457)(blg)
June 29, 2011
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ORDER AND REASONS granting 21504 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiff Fact Sheets as to Plaintiffs June Ragas, Dwayne Parker, Sr. on behalf of D.P., Rita Ancar, and Hebert Ancar; 21505 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiff Fact Sheets as to Plaintiff Sandra Eaglin; 21645 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets As To Plaintiffs, Richard Smith And Dwith Ales, Sr.; 21646 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets As To Plaintiffs, Geraldo Perez and Maria Miranda; 21942 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 2 And 32 Relating To Plaintiffs Fact Sheets, As To Plaintiff Calvin Ancar. Signed by Judge Kurt D. Engelhardt on 6/29/2011.(Reference: 09-5257, 09-5739, 09-4610, 09-4872, 09-5430)(blg)
June 29, 2011
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ORDER AND REASONS granting 22006 MOTION to Dismiss Plaintiff Kenneth Miller; 22022 MOTION to Dismiss Plaintiff Debra Miller. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 6/29/2011.(Reference: 10-3854, 10-3745)(blg)
June 29, 2011
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ORDER AND REASONS granting 21933 MOTION to Dismiss the Claims of Plaintiff, Alozia St. Julien, and to Strike Plaintiffs' First Supplemental and Amending Complaint for Damages Pursuant to Rule 12(b)(6); 21934 MOTION to Dismiss the Claims of Plaintiff, Latoya Perrier, Individually and on behalf of J.P., and to Strike Plaintiffs' Third Supplemental and Amending Complaint for Damages Pursuant to Rule 12(b)(6) ; 21935 MOTION to Dismiss the Claims of Plaintiff, Judy Noel, and to Strike Plaintiffs' Second Supplemental and Amending Complaint for Damages Pursuant to Rule 12(b)(6); 21936 MOTION to Dismiss the Claims of Plaintiff, Geraldine Norbert, and to Strike Plaintiffs' First Supplemental and Amending Complaint for Damages Pursuant to Rule 12(b)(6). FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 6/29/2011.(Reference: 09-5390, 09-5392)(blg)
June 29, 2011
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ORDER AND REASONS granting 22018 MOTION to Dismiss Party Certain Plaintiffs; 22019 MOTION to Dismiss Party Certain Plaintiffs; 22020 MOTION to Dismiss Party Certain Plaintiffs; 22021 MOTION to Dismiss Party Plaintiff Brian Henton, Jr.; 22023 MOTION to Dismiss Party Plaintiff Kathryn Hallman; 22026 MOTION to Dismiss Party Plaintiffs Neely Cuevas, Jr. and Callie A. Vice. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (1) and (2) (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 6/29/2011.(Reference: 10-3422, 10-3406, 10-3415, 10-1357, 10-3417, 10-3416)(blg)
June 29, 2011
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ORDER AND REASONS granting 21986 MOTION to Dismiss Party for Insufficient Service of Process. Signed by Judge Kurt D. Engelhardt on 6/29/2011.(Reference: 09-8438)(blg)
July 14, 2011
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ORDER AND REASONS granting 22048 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Orders No. 2 and 32 Relating To Plaintiffs Fact Sheets as to plaintiffs Pamela Davis on behalf of C.D., Marilyn Robinson, and Patricia Smith, Filed By Crum & Forster Specialty Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 7/14/2011.(Reference: 09-8381)(blg)
July 14, 2011
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ORDER AND REASONS granting 22081 MOTION to Dismiss With Prejudice for Failure to Comply with Pretrial Orders No. 2 and 32 Relating to Plaintiffs Fact Sheets as to Plaintiffs Chamelle Thomas, Elmaree Thomas, Glenn Thomas and Sharelle Lumar, filed by CH2M HILL Constructors, Inc.; FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 7/14/2011.(Reference: 09-5658)(blg)
July 15, 2011
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ORDER granting 22191 Motion for Reconsideration re 22185 Order; AMENDED such that the only claims dismissed are those of Pamela Davis on behalf of C.D. Specifically, the claims of Marilyn Robinson and Patricia Smith are not dismissed. ORDER denying as moot 22184 Motion to Partially Withdraw Motion to Dismiss. Signed by Judge Kurt D. Engelhardt on 7/15/2011. (Reference: 09-8381)(blg)
July 27, 2011
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ORDER AND REASONS denying 22103 MOTION to Dismiss claims of Plaintiffs Henry Schlosser, Theresa Schlosser and Ashley Volion 09-8679 for Failure to Comply with P/T Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets filed by Defendant Sunnybrook R V, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 7/27/2011.(Reference: 09-8679)(blg)
July 27, 2011
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ORDER AND REASONS granting 22164 MOTION to Dismiss Case - claims of plaintiffs Ellen Cooper and Jimmy Cooper, with prejudice for Failure to Comply with Pre-Trial Orders N. 2 and 32 relating to Plainitff Fact Sheets filed by Defendant Crum & Forster Specialty Insurance Company. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 7/27/2011.(Reference: 09-5427)(blg)
July 27, 2011
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ORDER AND REASONS denying 22008 MOTION to Dismiss Party for Insufficient Service of Process; Plaintiff is given 20 days from the date of this Order to effectuate proper service of process. Signed by Judge Kurt D. Engelhardt on 7/27/2011.(Reference: 09-5452)(blg)
July 27, 2011
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erence: 10-2276)(blg)ORDER AND REASONS denying 22027 MOTION to Dismiss Party for Insufficient Service of Process; Plaintiff is given 20 days from the date of this Order to effectuate proper service of process. Signed by Judge Kurt D. Engelhardt on 7/27/2011.(Ref
July 27, 2011
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ORDER AND REASONS denying 22063 MOTION to Dismiss For Insufficient Service of Process (Morgan); Plaintiff is given 20 days from the date of this Order to effectuate proper service of process. Signed by Judge Kurt D. Engelhardt on 7/27/2011.(Reference: 10-3831)(blg)
July 27, 2011
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ORDER AND REASONS denying 22161 MOTION for Reconsideration re 22138 Order granting Motion to Dismiss for Failure to comply with ptos 2 and 32 by Plaintiffs Callie Vice, et al. Signed by Judge Kurt D. Engelhardt on 7/27/2011.(Reference: 10-3416)(blg)
July 27, 2011
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ORDER AND REASONS denying 22162 MOTION for Reconsideration re 22138 Order granting Motion to Dismiss for Failure to comply with ptos 2 and 32 by Plaintiff Kathryn Hallman. Signed by Judge Kurt D. Engelhardt on 7/27/2011.(Reference: 10-3417)(blg)
July 27, 2011
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ORDER AND REASONS denying 22163 MOTION for Reconsideration re 22138 Order granting Motion to Dismiss for Failure to comply with ptos 2 and 32 by Plaintiffs Jeanie Bradburn, et al. Signed by Judge Kurt D. Engelhardt on 7/27/2011.(Reference: 10-3422)(blg)
August 5, 2011
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) or to the attorneys representing the appellants. Signed by Judge Kurt D. Engelhardt on 8/5/2011.(Reference: ALL CASES)(blg)ORDER AND REASONS REGARDING FLEETWOOD APPEALS: ORDERED that each of the 14 Fleetwood Appeals are DENIED. IT IS FURTHER ORDERED that Plaintiffs' Liaison Counsel shall forward a copy of this Order and Reasons to the Appellants (if they are pro se
August 10, 2011
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iled by Defendant Crum & Forster Specialty Insurance Company. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10( Rec. Doc. 301), to the extent such rules are applicable to this particular instance. SiORDER AND REASONS granting 22219 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Orders No. 2 and 32 Relating To Plaintiffs Fact Sheets As To Plaintiffs Jackie Riley, Jr., Jackie Riley, Sr., Barbara Riley, And Yelir Riley fgned by Judge Kurt D. Engelhardt on 8/10/2011.(Reference: 09-5257)(blg)
August 10, 2011
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ORDER AND REASONS granting 22208, 22209, 22222, 22223, 22231 and 22232 MOTIONS to Dismiss for Failure to Comply with Pretrial Order Nos. 2 and 32 regarding Plaintiff Fact Sheets. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 8/10/2011.(Reference: 09-5261, 09-5258, 09-5261, 09-5397, 09-5392)(blg)
August 24, 2011
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hat counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 8/24/2011.(Reference: 10-255)(blg)ORDER AND REASONS granting 22282 MOTION to Dismiss with Prejudice for Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets by Morgan Buildings & Spas, Inc and Morgan Building Systems, Inc. FURTHER ORDERED t
August 24, 2011
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ORDER AND REASONS granting 22244 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Orders No. 2 And 32 Relating To Plaintiff Fact Sheets, As To Plaintiff Richard Smith filed by Defendant, and 22324 MOTION to Dismiss with Prejudice for Failing to Comply with Pre-Trial Orders 2 and 32, as to Plaintiffs Dwayne Parker, Sr., and Dillon Parker, Sr., filed by Defendant. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 8/24/2011.(Reference: 09-5257, 09-4525)(blg)
August 24, 2011
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ORDER AND REASONS granting 22340 MOTION to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2 & 32 Relating to Plaintiff Fact Sheets filed by Defendant, 22337 MOTION to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets filed by Defendant. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 8/24/2011.(Reference: 09-4604; 09-8644; 09-8698; 09-8665; 09-8701; 09-8645; 09-8646)(blg)
September 2, 2011
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ORDER AND REASONS granting in part, denying in part 20886 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets; DENIED IN PART, in that it is denied as to plaintiff Michael Labat, Jr. and plaintiff Brandi Saunders on behalf of the minor B.S., and GRANTED IN PART, in that it is granted as to plaintiffs Vernon Bold, Laura Domingo, Clifton Duet, and Penny Saunders. Therefore, the claims of plaintiffs Vernon Bold, Laura Domingo, Clifton Duet, and Penny Saunders are hereby DISMISSED WITH PREJUDICE. FURTHER ORDERED that plaintiff Michael Labat, Jr. and plaintiff Brandi Saunders on behalf of the minor B.S. shall cure within fifteen (15) days any material deficiencies in their respective Plaintiff Fact Sheets, as specified in defendant Crum & Forster's letters regarding these two plaintiffs, dated May 26, 2010, by providing individual and meaningful answers to the questions set forth in the PFS form. Upon failure to do so, any defendant may move for dismissal, as provided in Pre-Trial Orders Nos. 2 and 32. Signed by Judge Kurt D. Engelhardt on 9/2/2011.(Reference: 09-4730)(blg)
September 2, 2011
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ORDER AND REASONS granting in part, denying in part 22254 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiff Fact Sheets As To Plaintiffs Janice Cotton And Johnny Cotton; DENIED IN PART, in that it is denied as to plaintiff Janice Cotton, and GRANTED IN PART, in that it is granted as to plaintiff John Cotton (referred to in certain documents as Johnny Cotton). Therefore, the claims of plaintiff John Cotton are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 9/2/2011.(Reference: 09-8458)(blg)
September 7, 2011
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ORDER AND REASONS re 20927 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiffs Fact Sheets; DENIED IN PART, in that it is denied as to plaintiff Delores Moss; and DENIED AS MOOT IN PART, in that it is denied as moot as to plaintiffs Ashley Brooks Robinson, Alma Francis, Averist Francis, Dorothy Price individually and on behalf of Edward Baker, Betty Robertson, Curtis Scott, David Williams, and Edward Price; and GRANTED IN PART, in that it is granted as to plaintiff Alvirda Cook. Thus, the claims of plaintiff Alvirda Cook are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 9/7/2011.. Signed by Judge Kurt D. Engelhardt on 9/7/2011.(Reference: 09-8381)(blg)
September 7, 2011
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ORDER AND REASONS granting in part, denying in part 17754 MOTION for Judgment on the Pleadings to Dismiss the Third and Fourth Supplemental and Amended Administrative Master Complaints Based on the Government Contractor Defense by defendant Fluor Enterprises, Inc. As set forth in footnote 2 of Rec. Doc. 18426, the motion is granted as to Plaintiffs' maintenance claims against the movant; those claims are dismissed with prejudice. The motion is denied in all other respects. Signed by Judge Kurt D. Engelhardt on 9/7/2011.(Reference: ALL CASES)(blg)
September 7, 2011
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ORDER AND REASONS granting 22461 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets as to Plaintiffs Betty Jean Allen, Lester Barbazon and Eujohn Fortner; granting 22463 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets as to Plaintiff Maria Goar. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/7/2011.(Reference: 09-5540, 09-4217)(blg)
September 9, 2011
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ers Nos. 2 and 32. Signed by Judge Kurt D. Engelhardt on 9/9/2011.(Reference: 09-4730)(blg)ORDER AND REASONS granting in part, denying in part 21506 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Order No. 32 Relating To Plaintiff Fact Sheets; DENIED IN PART, in that it is denied with respect to plaintiff Lloyd Williams; and GRANTED IN PART, in that it is granted with respect to plaintiffs (1) Brandi Saunders on behalf of D.G., (2) Brandy Kellum on behalf of G.R., and (3) Enchanti Vaultz. Therefore, the claims of plaintiffs (1) Brandi Saunders on behalf of D.G., (2) Brandy Kellum on behalf of G.R., and (3) Enchanti Vaultz are hereby DISMISSED WITH PREJUDICE. FURTHER ORDERED that plaintiff Lloyd Williams shall cure within fifteen (15) days any material deficiencies in his Plaintiff Fact Sheet, as specified in defendant Crum & Forster's letter dated December 22, 2010, by providing individual and meaningful answers to the questions set forth in the PFS form. Upon failure to do so, any defendant may move for dismissal, as provided in Pre-Trial Ord
September 9, 2011
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ORDER AND REASONS granting 22147 MOTION to Dismiss for Failure to Comply with Pre-trial Orders Nos. 2 and 32 Relating to Plaintiffs Fact Sheets as to plaintiff Ashlyn Simien; the claims of Ashlyn Nechelle Simien are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 9/9/2011.(Reference: 09-7848)(blg)
September 9, 2011
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ORDER AND REASONS granting 20894 MOTION for New Trial and or Reconsideration; The 19856 Order and Reasons, is hereby AMENDED to the extent that it dismissed Bechtel National, Inc. from the English (10-4112), Norman (10-4408) and Taylor (10-4129) civil actions. Further, 19899 Order and Reasons is hereby AMENDED to the extent that it dismissed Shaw Environmental, Inc. from the Levy (09-8436) and Ussin (10-3631) matters, Fluor Enterprises, Inc. from the Disson (10-3627) matter, and CH2M HILL Constructors, Inc. from the Tasker (10-3633) case. Also, this motion is granted as unopposed to the extent that it relates to any claims against the Manufacturer Defendants in the above stated member cases as no opposition from that group was timely received. Signed by Judge Kurt D. Engelhardt on 9/9/2011. (Reference: 10-4112, 10-4408, 10-4129, 09-8436, 10-3627, 10-3631, 10-3633)(blg)
September 12, 2011
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ORDER AND REASONS denying 22146 MOTION to Dismiss for Failure to Comply with Pre-Trial Orders Nos. 2 and 32 Relating to Plaintiff Fact Sheets; FURTHER ORDERED that within fifteen (15) days plaintiffs Donna Meadows and Chanda Meadows on behalf of herself and her minor daughter Hannah Pyron shall each provide a supplemental response to the question of respective move-in and move-out dates for each of the FEMA housing units in which plaintiffs resided, which responses shall be verified by the individual plaintiff. Upon failure to do so, any defendant may move for dismissal, as provided in Pre-Trial Orders Nos. 2 and 32. Signed by Judge Kurt D. Engelhardt on 9/12/2011.(Reference: 09-7113, 10-1305)(blg) (Main Document 22821 replaced on 10/17/2011) (blg).
September 13, 2011
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ORDER AND REASONS re 22243 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Orders No. 2 And 32 Relating To Plaintiff Fact Sheets; DENIED AS MOOT IN PART in that it is denied as moot with respect to plaintiffs (1) Keldrin James, (2) Charlie Givens, and (3) Melissa James on behalf of K.S.; and DENIED IN PART in that it is denied with respect to plaintiffs (1) Larry Mitchell, individually; (2) Larry Mitchell on behalf of the minor L.M.; (3) Larry Mitchell on behalf of the minor Q.L; and (4) Bryan Hebert. IT IS FURTHER ORDERED that plaintiff Larry Mitchell, individually, on behalf of the minor L.M., and on behalf of the minor Q.L., shall cure within fifteen (15) days any material deficiencies in the Plaintiff Fact Sheets, as specified in defendant Crum & Forster's letters dated August 10, 2010 and August 30, 2010, by providing individual and meaningful answers to the questions set forth in the PFS form. Upon failure to do so, any defendant may move for dismissal, as provided in Pre-Trial Orders Nos. 2 and 32. Signed by Judge Kurt D. Engelhardt on 9/12/2011.(Reference: 09-8381)(blg)
September 16, 2011
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ORDER AND REASONS denying 22242 MOTION to Withdraw Lambert & Nelson, PLC, Becnel Law Firm, LLC, Law Offices of Ronnie G. Penton, Law Offices of Robert Becnel/Diane Zink, Gainsburgh, Benjamin, David, Meunier & Warshauer, LLC, Parker Waichman Alonso, LLP, and Sweet & Associates as Att filed by Plaintiffs; denying without prejudice 22394 MOTION to Dismiss Party for Failure to Comply with Pre-Trial Order Nos. 2 & 32 Relating to Plaintiff Fact Sheets filed by Defendant Forest River, Inc.; granting 22370 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2 & 32 Regarding Plaintiff Fact Sheets as to Plaintiff, Brion Scieneaux filed by Defendant Frontier RV, Inc. ORDERED that the claims of Brion Scieneaux are hereby DISMISSED WITH PREJUDICE. ORDERED a copy of this Order and Reasons shall be sent to Anthony Buzbee and Peter Taaffe of the Buzbee Law Firm and John Munoz of Garner & Munoz. Signed by Judge Kurt D. Engelhardt on 9/16/2011.(Reference: 09-3557, 09-4462, 09-5494)(blg)
September 20, 2011
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ORDER AND REASONS denying 20236 MOTION for New Trial and or Reconsideration re 19856 Order and Reasons. Signed by Judge Kurt D. Engelhardt on 9/20/2011.(Reference: 10-4121, 10-4122; 10-4123; 10-4124)(blg)
September 21, 2011
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efendant Sun Valley, Inc. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 10-3833)(blg)ORDER AND REASONS denying 22677 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets as to plaintiffs Eric Forsythe Jr., Eric Forsythe, Jr. obo the minor E.F. III filed by d
September 21, 2011
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ORDER AND REASONS denying 22699 MOTION to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets as to plaintiff Charlie Haas by Defendant Sun Valley, Inc. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-7966)(blg)
September 21, 2011
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ORDER AND REASONS granting 20646 MOTION for Leave to File First Amended Complaint filed by Plaintiffs Clifton Justin, Jr., et al. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-8625)(blg)
September 21, 2011
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ORDER AND REASONS granting 21780 MOTION for Leave to File First Supplemental and Amending Complaint for Damages filed by Plaintiffs Ann Julie Arnaud, et al. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-5406)(blg)
September 21, 2011
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ORDER AND REASONS granting 22329 MOTION for Leave to File First Amended and Supplemental Complaint filed by Plaintiffs Pauline Johnson, et al. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-5359)(blg)
September 21, 2011
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ORDER AND REASONS granting 22538 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets as to Plaintiff Catherine Hue by Defendants Jayco Enterprises, Inc., Shaw Environmental, Inc., CH2M Hill Constructors, Inc. and Fluor Enterprises, Inc. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-4554, 09-4327)(blg)
September 21, 2011
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ORDER AND REASONS granting 22539 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets as to Plaintiffs: Courtlen Rooney, Joanne Jeanmarie Smith, Tyronne A. Smith, Edgar Williams, Mary Williams and Rose Williams by Defendants Jayco Enterprises, Inc. and Fluor Enterprises, Inc. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-4549)(blg)
September 21, 2011
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ORDER AND REASONS granting 22540 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets as to Plaintiffs: Kayla Frederick, Bernadine Luke, Steven Luke and Jay H. Riley, Jr. by Defendants Starcraft RV, Inc. and Fluor Enterprises, Inc. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-4552)(blg)
September 21, 2011
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dants Starcraft RV, Inc., Shaw Environmental, Inc., CH2M Hill Constructors, Inc. and Fluor Enterprises, Inc. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-4593)(blg)ORDER AND REASONS granting 22545 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets as to Plaintiff Marion Broussard by Defen
September 21, 2011
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ORDER AND REASONS granting 22554 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets as to Plaintiffs: Shantelle Hue, Jovan Melrose and Elmire Young by Defendants Jayco Enterprises, Inc. and CH2M Hill Constructors, Inc. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-4554)(blg)
September 21, 2011
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ORDER AND REASONS granting 22556 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets as to plaintiffs Annie Clausell, William Clausell, Rhonda Kay, Charlet Roberts by Defendants Jayco Enterprises, Inc., CH2M Hill Constructors, Inc., Shaw Environmental, Inc. and Fluor Enterprises, Inc. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-4586)(blg)
September 21, 2011
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ORDER AND REASONS granting 22582 MOTION to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2 & 32 Relating to Plaintiff Fact Sheets filed by Defendant Forest River, Inc. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-2939; 09-4535; 09-4536; 09-4533; 09-4577; 09-4611; 09-4636; 09-4639; 09-4645; 09-4652; 09-4852; 09-4863; 09-4874; 09-6013; 10-0559)(blg)
September 21, 2011
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ORDER AND REASONS granting 22607 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by Defendant Forest River, Inc., Vanguard, LLC. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-2961, 09-8375, 11-850, 10-2304, 10-2336, 10-4663)(blg)
September 21, 2011
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ORDER AND REASONS granting 22610 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets as to plaintiffs Courtney Kynomi obo K'Lyn Courtney, Aldai Williams, Drenaner Williams, Ebony Miller, Irma Miller, Wilma W. Thomas, Laronda Williams, Benny Pritchett by Defendant Forest River, Inc. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10(Rec. Doc. 301), to the extent such rules are applicable. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-3977, 09-4009, 09-4011, 09-4044, 09-5690)(blg)
September 21, 2011
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ver, Inc. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/21/2011.ORDER AND REASONS granting 22611 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets as to claims of plaintiffs Joseph Gilmore, Sr. and Mathilda Gilmore by Defendant Forest Ri(Reference: 09-6588)(blg)
September 21, 2011
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hnson, Individually by Defendant Sun Valley, Inc. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10,(Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-8394)(blg)ORDER AND REASONS granting 22685 MOTION to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2. 32 & 88 Relating to Plaintiffs Fact Sheets as to plaintiffs Charles Henderson, Kechia Johnson obo K.J., Al.J. and Am.J., Kechia Jo
September 21, 2011
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Reference: 09-8675)(blg)ORDER AND REASONS granting 22698 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 & 32 Relating to Plaintiffs Fact Sheets as to plaintiffs Janet L. Johnson, Joshua Johnson, Clarence Williams by Defendant Sun Valley, Inc. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(
September 21, 2011
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ORDER AND REASONS granting 22702 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets as to plaintiffs Shalena P. Corley obo I.C., Shalena P. Corley, Individually by Defendant Sun Valley, Inc. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-8675)(blg)
September 21, 2011
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ORDER AND REASONS granting 22707 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets as to plaintiff Anna Mae Barnes by Defendant Sun Valley, Inc.; dismissed with prejudice as to case 09-8394 only. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-4829, 09-8394)(blg)
September 21, 2011
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ORDER AND REASONS granting 22718 MOTION to Dismiss with prejudice, for Failure to Comply with PTOs 2 and 32 regarding Plaintiff Fact Sheets as to plaintiff Myron Castle by Defendant Gulf Stream Coach, Inc. IT IS FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 9/21/2011.(Reference: 09-4969)(blg)
September 22, 2011
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ORDER AND REASONS denying without prejudice 22701 MOTION to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets filed by defendant Sun Valley, Inc. IT IS FURTHER ORDERED that the following plaintiffs shall cure within seven (7) days any material deficiencies in the Plaintiff Fact Sheets, as specified in defendant Sun Valley's motion to dismiss, by providing certified answers to the questions set forth in the PFS form: Acquanette German, Rosaria Floyd Glapion, Ethel Washington, Ethel Washington as next friend of J.M.W. and C.W., Joseph Adam Washington, Leticia Washington, Jacintha Williams as next friend of J.W. and L.W. Upon failure to do so, any defendant may move for dismissal, as provided in Pre-Trial Orders Nos. 2 and 32. Signed by Judge Kurt D. Engelhardt on 9/22/2011.(Reference: 10-1311)(blg)
September 22, 2011
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ORDER AND REASONS denying without prejudice 22705 MOTION to Dismiss with prejudice, for Failure to Comply with Pretrial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets by Defendant Sun Valley, Inc. IT IS FURTHER ORDERED that the following plaintiffs shall cure within seven (7) days any material deficiencies in the Plaintiff Fact Sheets, as specified in defendant Sun Valley's motion to dismiss, by providing certified answers to the questions set forth in the PFS form: Albert LeRoy Bowers, Jr., Lisa Annette Bowers, Shanita Gates individually and obo of E.D.G., Quanela Marie Smith, Marsheila Sara Smith, Thomas Joseph Gates, Jr., Betty Thomas, Lauranette Bolton. Upon failure to do so, any defendant may move for dismissal, as provided in Pre-Trial Orders Nos. 2 and 32. Signed by Judge Kurt D. Engelhardt on 9/22/2011.(Reference: 09-7850)(blg)
September 22, 2011
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ith respect to plaintiffs Deirdre Bradley and Rodney Bradley; DENIED IN PART in that it is denied with respect to plaintiff Judy McArthur on behalf of the minor B.T.; and GRANTED IN PART in that it is granted with respect to plaintiffs Zetella CannonORDER AND REASONS re 22703 MOTION to Dismiss for Failure to Comply with Pretrial Orders No. 2. 32 & 88 Relating to Plaintiff Fact Sheets by Defendant Sun Valley, Inc.; DENIED WITHOUT PREJUDICE IN PART in that it is denied without prejudice w, Judy McArthur (individually), Thomas McArthur, Bernadette Marie Seymour, and Martin McArthur, Jr. FURTHER ORDERED that the claims of plaintiffs Zetella Cannon, Judy McArthur (individually), Thomas McArthur, Bernadette Marie Seymour, and Martin McArthur, Jr. are hereby DISMISSED WITH PREJUDICE. FURTHER ORDERED that plaintiffs Deirdre Bradley and Rodney Bradley shall cure within seven (7) days any material deficiencies in the Plaintiff Fact Sheets, as specified in defendant Sun Valley's motion to dismiss, by providing certified answers to the questions set forth in the PFS form. Upon failure to do so, any defendant may move for dismissal, as provided in Pre-Trial Orders Nos. 2, 32 & 88. FURTHER ORDERED that plaintiff Judy McArthur on behalf of the minor B.T. shall answer within seven (7) days PFS questions V.A.6 and V.A.7. Upon failure to do so, the Plaintiff Fact Sheet shall be deemed to state "December 1, 2005" in response to question V.A.6 and "January 1, 2006" in response to question V.A.7. Signed by Judge Kurt D. Engelhardt on 9/22/2011.(Reference: 09-7109)(blg)
September 23, 2011
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t on 9/23/2011.(Reference: 09-7109, 10-3442)(blg)ORDER AND REASONS granting 22704 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 & 32 Relating to Plaintiffs Fact Sheets as to plaintiff Peggy Morse by Defendant Sun Valley, Inc. Signed by Judge Kurt D. Engelhard
September 23, 2011
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ORDER AND REASONS denying 22706 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets as to plaintiff Sarah Waller by Defendant Sun Valley, Inc.; 22708 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders NO. 2, 32 & 88 Relating to Plaintiffs Fact Sheets as to plaintiff Harold Norris by Defendant Sun Valley, Inc.; 22709 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2. 32 & 88 Relating to Plaintiffs Fact Sheets as to plaintiff Sonya Waller by Defendant Sun Valley, Inc.; 22710 MOTION to Dismiss with prejudice, or Failure to Comply With Pre-Trial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets as to plaintiffs Makayla Brown, Krystal Brown obo M.B., Sonya Waller obo M.B. by Defendant Sun Valley, Inc.; and 22711 MOTION to Dismiss with prejudice, with prejudice, I>for Failure to Comply with Pre-Trial Orders No. 2, 32 & 88 Relating to Plaintiffs Fact Sheets as to plaintiffs Trinity Henry, Krystal Brown obo T.H., Sonya Waller obo T. H. by Defendant Sun Valley, Inc. IT IS FURTHER ORDERED that for settlement purposes only, the move-in and move-out dates for each of the plaintiffs addressed herein shall be the set of dates provided by the plaintiff resulting in the shortest duration. Signed by Judge Kurt D. Engelhardt on 9/23/2011.(Reference: 09-7109, 09-5659, 09-8603, 09-5248)(blg)
September 27, 2011
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ORDER AND REASONS denying 22336 MOTION for Leave to File First Amended and Supplemental Complaint filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 9/27/2011.(Reference: 09-5383)(blg)
September 27, 2011
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ORDER AND REASONS re 22549 MOTION for Leave to File First Supplemental and Amending Complaint filed by Plaintiffs; DENIED IN PART, in that it is denied with respect to Jaylin Authement, and DENIED AS MOOT IN PART, in that it is denied as moot with respect to Jay Authement. Signed by Judge Kurt D. Engelhardt on 9/27/2011.(Reference: 10-3687)(blg)
October 5, 2011
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ORDER AND REASONS granting 22642 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Orders No. 2 & 32 Relating To Plaintiff Fact Sheets filed by Defendant Crum & Forster Specialty Insurance Company; claims of Plaintiff Celeste Brown, individually, and on behalf of J.L. and S.B., are DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 10/5/2011.(Reference: 09-4730)(blg)
October 5, 2011
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ORDER AND REASONS granting 22643 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Orders No. 2 & 32 Relating To Plaintiff Fact Sheets filed by Defendant Crum & Forster Specialty Insurance Company; claims of Plaintiffs Javious Magee and Ryan Parker are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 10/5/2011.(Reference: 10-2248)(blg)
October 5, 2011
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ORDER AND REASONS denying 22644 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Orders No. 2 & 32 Relating To Plaintiff Fact Sheets filed by Defendant Crum & Forster Specialty Insurance Company; FURTHER ORDERED that plaintiff Filbert Simpson shall answer within fifteen (15) days PFS questions V.A.6 and V.A.7. Upon failure to do so, the Plaintiff Fact Sheet shall be deemed to state "December 1, 2005" in response to question V.A.6 and "January 1, 2006" in response to question V.A.7. Signed by Judge Kurt D. Engelhardt on 10/5/2011.(Reference: 09-7909)(blg)
October 5, 2011
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ORDER AND REASONS denying without prejudice 22808 MOTION for Entry of Lone Pine Order filed by Defendants. Signed by Judge Kurt D. Engelhardt on 10/5/2011.(Reference: ALL CASES)(blg)
October 5, 2011
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ORDER AND REASONS granting 22776 Joint MOTION to Dismiss Claims for Failure to Comply with Order and Reasons Concerning Deadlines for Matching and Filing filed by Defendants' Liaison Counsel (as amended in docs 22899 and 22915); dismissing the claims of plaintiffs Lisa Hilliard, Lisa Hillard as Guardian Ad Litem for Gabriell Hillard, Keith Hillard, Jr., Christopher Hillard, Cydney Hillard, Amy L. Bordelon. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 10/5/2011.(Reference: 06-2576)(blg)
October 5, 2011
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ORDER AND REASONS granting 22777 Joint MOTION to Dismiss Claims for Failure to Comply with Order and Reasons Concerning Deadlines for Matching and Filing filed by Defendants' Liaison Counsel; dismissing Culler, et al v. Gulf Stream, et al, Civil Action No. 07-4018, with prejudice. FURTHER ORDERED that counsel should refer to and familiarize themselves with 301 Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 10/5/2011.(Reference: 07-4018)(blg)
October 5, 2011
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ORDER AND REASONS granting 22780 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Orders No. 2 & 32 Relating To Plaintiff Fact Sheets filed by defendant Crum & Forster Specialty Insurance Company; dismissing with prejudice the claims of Melissa James and Ella Sanchez as representative of the estate of Jeffrey Sanchez. FURTHER ORDERED that counsel should refer to and familiarize themselves with 301 Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 10/5/2011.(Reference: 09-8009)(blg)
October 5, 2011
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ORDER AND REASONS granting 22787 MOTION to Dismiss With Prejudice For Failure To Comply With Pre-Trial Orders No. 2 & 32 Relating To Plaintiff Fact Sheets filed by defendant Crum & Forster Specialty Insurance Company; dismissing with prejudice the claims of Anthony Stuprica. FURTHER ORDERED that counsel should refer to and familiarize themselves with 301 Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 10/5/2011.(Reference: 09-5320)(blg)
October 5, 2011
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ORDER AND REASONS granting 22858 MOTION to Dismiss with Prejudice for Failure to Comply with Pre-Trial Orders # 2 and 32 Relating to Plaintiff Fact Sheets filed by defendant Crum & Forster Specialty Insurance Company; dismissing with prejudice the claims of Catina Gabriel and Catina Gabriel on behalf of A.G.. FURTHER ORDERED that counsel should refer to and familiarize themselves with 301 Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 10/5/2011.(Reference: 09-8454)(blg)
October 5, 2011
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ORDER AND REASONS granting 22804 Motion for Disbursement of Fleetwood Settlement Funds. The Court forthwith will enter an Order directing distribution of the Fleetwood Settlement Funds in accordance with the Special Master's motion. Signed by Judge Kurt D. Engelhardt on 10/5/2011. (Reference: ALL CASES)(blg)
October 13, 2011
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ence: 09-8374, 11-850)(blg)ORDER re 23030 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets as to plaintiffs Hoover Jones and Zavion Jones filed by Defendant Forest River, Inc. ORDERED that plaintiffs Hoover Jones and Zavion Jones shall provide a PFS to Forest River no later than Wednesday, October 19, 2011, at which time Forest River shall inform the Court as to whether its motion is moot. Signed by Judge Kurt D. Engelhardt on 10/13/2011.(Refer
October 19, 2011
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ORDER AND REASONS denying 23001 MOTION Dismiss for Failure to Comply with Pre-Trial Orders Nos. 2 and 32 Relating to Plaintiff Fact Sheets filed by Defendant Sunnybrook RV. FURTHER ORDERED that in the event that this matter is not resolved short of trial, the Court awards to Sunnybrook, pursuant to Fed. R. Civ. P. 37(b)(2)(C), the reasonable expenses, including attorneys' fees, incurred in preparing and filing the instant motion and supporting memoranda, in an amount to be determined, not to exceed $1,000 plus costs. A motion to fix the fees and costs awarded shall be filed within ten (10) days after entry of judgment. Signed by Judge Kurt D. Engelhardt on 10/19/2011.(Reference: 09-6919)(blg)
October 19, 2011
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ORDER AND REASONS granting 22968 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets as to Plaintiff Gloria Broussard by Defendant Jayco Enterprises, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 10/19/2011.(Reference: 10-2509)(blg)
October 19, 2011
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ORDER AND REASONS re 23021 Second MOTION Dismiss for Failure to Comply with Pre-Trial Orders Nos. 2 and 32 Relating to Plaintiff Fact Sheets and for Failure to Comply with Court's Order of September 12, 2011 filed by Defendant Sunnybrook RV, Inc. ORDERED that the Motion, is hereby DENIED AS WITHDRAWN IN PART, in that it is denied as withdrawn with respect to plaintiffs Chanda Meadows and her minor child Hannah Pyron, and GRANTED IN PART, in that it is g ranted with respect to plaintiff Donna Meadows. Therefore the claims of Donna Meadows against Sunnybrook are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 10/19/2011.(Reference: 09-7113, 10-1305)(blg)
October 19, 2011
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ORDER AND REASONS granting 23032 MOTION for New Trial and in the Alternative Motion for Relief from a Judgment or Order; reinstating theclaims of plaintiff Penny Saunders. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 10/19/2011.(Reference: 09-4730)(blg)
October 19, 2011
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ORDER AND REASONS granting 23031 MOTION for New Trial and in the Alternative Motion for Relief from a Judgment or Order; reinstating the claims of plaintiff Laura Domingo. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 10/19/2011.(Reference: 09-4730)(blg)
October 21, 2011
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ORDER AND REASONS granting 23030 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets filed by Defendant Forest River, Inc.; claims of Hoover Jones and Zavion Jones are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 10/21/2011.(Reference: 09-8374, 11-850)(blg)
October 24, 2011
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ORDER AND REASONS granting 23066 Joint MOTION for Appointment of Special Master; The Court APPOINTS as Special Master: Amanda J. Ballay. Signed by Judge Kurt D. Engelhardt on 10/24/2011.(Reference: ALL CASES)(blg)
November 2, 2011
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ORDER AND REASONS granting 23065 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2, 32, and 88 relating to the production of Plaintiff Fact Sheets filed by defendant C. Martin Company, Inc. (as modified by 23327 and 23348); dismissing with prejudice the claims of plaintiffs Bernadine Brady, Edward J. Vaughn, Camilla A. Smothers, Charles G. Smothers, Edward Scott, Portia M. Williams, Leo J. Quezergue. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-8654, 09-8643, 09-8696, 09-8649, 09-8640, 09-8699)(blg)
November 2, 2011
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ORDER AND REASONS granting 23079 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32, & 88 Regarding Plaintiff Fact Sheets as to Plaintiff, Yvette Batia, by Frontier RV, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-8239)(blg)
November 2, 2011
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ORDER AND REASONS granting 23080 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88 Regarding Plaintiff Fact Sheets as to Plaintiffs, Ora Brock and Ora Brock obo Lionel Brock, by Recreation by Design, LLC. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-5847)(blg)
November 2, 2011
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ORDER AND REASONS granting 23118 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets as to Certain Plaintiffs (as stated in document) by Defendant Forest River, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-8699, 09-8702)(blg)
November 2, 2011
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ORDER AND REASONS granting 23119 Motion to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets as to plaintiffs Alicia Harry, Gary Harry, Winter M. Thomas, Winter Thomas obo A.H., Winter Thomas obo E.T., Alva P. Williams by Defendant Vanguard Industries of Michigan, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011. (Reference: 09-8673)(blg)
November 2, 2011
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ORDER AND REASONS granting 23124 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32, & 88 Regarding Plaintiff Fact Sheets as to Plaintiffs, Gabriel Green and Jernell Terrell, by Frontier RV, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10,(Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-4526)(blg)
November 2, 2011
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ORDER AND REASONS granting 23125 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32, & 88 Regarding Plaintiff Fact Sheets as to Plaintiffs, Rose Russell and Rose Russell obo D.A. and K.R, minor children, by Frontier RV, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-8110)(blg)
November 2, 2011
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ORDER AND REASONS granting 23137 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32, & 88 Regarding Plaintiff Fact Sheets as to Plaintiffs, Hubert Kirk, Catherine Kirk and Kevin Melton, by Frontier RV, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-8290)(blg)
November 2, 2011
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ORDER AND REASONS granting 23141 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88 Regarding Plaintiff Fact Sheets as to Plaintiffs, Gayle Garrel, Calvin LeGrone, Sr., Calvin LeGrone, Sr. obo L.L., Calvin LeGrone, Sr. obo C.L., Jr., Tricia LeGrone, Edvige Wilkerson, Dianne Heisser obo D.L., Frank Gloster, Cynthia Beaulieu, Perry Wilkerson, Juan Orga, Eva Payton, Lawrence Stokes, III by Defendant Recreation by Design, LLC. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-8626)(blg)
November 2, 2011
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ORDER AND REASONS granting 23142 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88 Regarding Plaintiff Fact Sheets as to Plaintiffs, Martinez Hayes and Cynthia Beaulieu, by Recreation by Design, LLC. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 10-440)(blg)
November 2, 2011
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ORDER AND REASONS granting 23143 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88 Regarding Plaintiff Fact Sheets as to Plaintiff, George William, by Recreation by Design, LLC. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 10-3597)(blg)
November 2, 2011
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l should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 10-2500)(blg)ORDER AND REASONS granting 23145 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88 Regarding Plaintiff Fact Sheets as to Plaintiff, Toyin Kollyade, by Recreation by Design, LLC. FURTHER ORDERED that counse
November 2, 2011
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ORDER AND REASONS granting 23146 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88 Regarding Plaintiff Fact Sheets as to Plaintiffs, Cynthia Crawford, Karen Growe, Tasia Barganier, Tasia Barganier obo M.B, Cynthia Cole, Cynthia Cole obo J.C., David Rome, Sr., Eugene Green obo L.G., Frank Robinson, by Recreation by Design, LLC. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-8629)(blg)
November 2, 2011
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ORDER AND REASONS granting 23147 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88 Regarding Plaintiff Fact Sheets filed by defendant Recreation By Design, LLC (as modified by 23147); dismissing with prejudice the claims of plaintiffs Shawn Johnson, Sonya Johnson, Sonya Johnson on behalf of J.W., and Brady Young. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10,(Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-8624)(blg)
November 2, 2011
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ORDER AND REASONS granting 23164 Motion to Dismiss for Failure toComply with Pre-Trial Orders No. 2 & 32 Relating to Plaintiff Fact Sheets filed by Forest River, Inc. (as modified by 23315); dismissing with prejudice theclaims of plaintiffs Harold Joseph obo Gary Joseph (deceased), Russell Taylor obo K.T., Onelia Gutieny, Martin Harris, Tino Wilson, Gaynell Walton, Ronald Walton, Ronald Walton obo T.W., Jackson Latina. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-8631, 09-8635, 09-8636, 09-8637, 10-2535, 10-2546)(blg)
November 2, 2011
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ORDER AND REASONS granting 23180 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88 Regarding Plaintiff Fact Sheets as to Plaintiffs, Kendolyn Price and Kimberly Price, by Recreation by Design, LLC. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-4002)(blg)
November 2, 2011
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ORDER AND REASONS granting 23181 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88 Regarding Plaintiff Fact Sheets as to Plaintiffs, Deborah Allen, Frenchie Ball, Gloria Ball, Herman Ball, Paula Brandon, Sandra Darling, Loren Gusman, Lanette Honora, Gerard Johnston and Sandra Johnston, by Recreation by Design, LLC. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-8626)(blg)
November 2, 2011
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ORDER AND REASONS granting 23182 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88 Regarding Plaintiff Fact Sheets as to Plaintiffs, Monda LaDay, Roma Lobat, Monda LaDay obo A.L., Anna Lee, Rebecca Lee, Steven Lee, Monica Lewis, Justin Moffett, Jarod Petty, and Norice Reed, by Recreation by Design, LLC. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-8626)(blg)
November 2, 2011
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ORDER AND REASONS granting 23185 Motion to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32 and 88 Relating to Plaintiff Fact Sheets filed by defendant Recreation By Design, LLC (as modified by 23308 and 23326); dismissing with prejudice the claims of plaintiffs Xavier Reed, Andre Skeleton, Wallace Smith, Rev. Andrew Sylvester, Bertha Sylvester, and Barry Watts. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-8626)(blg)
November 2, 2011
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en obo Bailey Childers and Brook Childers by Defendants Jayco Enterprises, Inc., Jayco, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicableORDER AND REASONS granting 23221 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets as to plaintiffs Misty Holden, Misty Hold to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 11-222)(blg)
November 2, 2011
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ORDER AND REASONS granting 23228 MOTION for Leave to File Amended Complaints filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 11/2/2011.(Reference: 09-3868, 09-3867, 07-5709, 09-5519, 09-5493)(blg)
November 15, 2011
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on for Relief from a Judgment or Order filed by Plaintiff Ashlyn Nechelle Simien; denying 23077 MOTION for New Trial and in the Alternative, Motion for Relief from a Judgment or Order filed by Plaintiff Enchanti Vaultz. Signed by Judge KORDER AND REASONS denying 23075 MOTION for New Trial and in the Alternative, Motion for Relief from a Judgment or Order filed by Plaintiff Penny Saunders on behalf of D.G.; denying 23076 MOTION for New Trial and in the Alternative, Motiurt D. Engelhardt on 11/15/2011.(Reference: 09-4730, 09-7848)(blg)
November 16, 2011
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ORDER AND REASONS granting 23255 MOTION for Leave to File First Amended Complaint filed by Plaintiffs Etta Varnado, et al. Signed by Judge Kurt D. Engelhardt on 11/16/2011.(Reference: 09-8613)(blg)
November 16, 2011
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ORDER AND REASONS denying 23267 MOTION for Leave to File Second Amended Complaint filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 11/16/2011.(Reference: 10-3610)(blg)
November 16, 2011
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ORDER AND REASONS granting 23278 MOTION to Dismiss with prejudice, for Failure to Comply with Pretrial Orders Relating to Plaintiff Fact Sheets as to plaintiffs Billie Johnson, Kadence Johnson, and Kaze Johnson filed by Defendant Skyline Corporation. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable. Signed by Judge Kurt D. Engelhardt on 11/16/2011.(Reference: 09-4548)(blg)
November 16, 2011
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ORDER AND REASONS granting 23280 MOTION to Dismiss with prejudice, for Failure to Comply with Pretrial Orders relating to Plaintiff Fact Sheets as to plaintiffs Casey Hughes, Amechak Moliere, Amechak Moliere obo A.M., Amechak Moliere obo J.M., Marilyn Moliere, and Mark Williams filed by Defendant Skyline Corporation. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/16/2011.(Reference: 09-5264)(blg)
November 16, 2011
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ORDER AND REASONS granting 23320 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets, (as modified by docs 23497, 23509), filed by defendants Jayco, Inc., Bechtel National, Inc., and Fluor Enterprises, Inc.; the claims of Tiffany Johnson on behalf of Roger King are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 11/16/2011.(Reference: 09-7887)(blg)
November 16, 2011
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ORDER AND REASONS granting 23340 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre- Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets, (as modified by docs 23467, 23494), filed by defendants Starcraft RV, Inc. and Bechtel National, Inc.; claims of Jonathan Blakeney and Szchonia Bonner are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 11/16/2011.(Reference: 09-6931)(blg)
November 16, 2011
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4, 09-7285)(blg)ORDER AND REASONS granting 23353 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets as to plaintiffs Michelle Wilson and Roosevelt Kendricks filed by defendant Vanguard Industries of Michigan, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable. Signed by Judge Kurt D. Engelhardt on 11/16/2011.(Reference: 09-620
November 16, 2011
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ORDER AND REASONS granting 23360 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets, (as modified by docs 23465, 23496), filed by defendants Jayco, Inc., Bechtel National, Inc., and Fluor Enterprises, Inc.; claims of (1) Cheryl Naquin as next friend of Courtney Naquin, (2) Cheryl Naquin as next friend of Wayne Naquin, and (3) Melissa Smith are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 11/16/2011.(Reference: 09-7887)(blg)
November 17, 2011
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ORDER AND REASONS granting 23276 and 23277 MOTIONS for Reconsideration; 23235 Order and Reasons, is hereby VACATED. ORDERED that 23031 MOTION for New Trial and in the Alternative Motion for Relief from a Judgment or Order filed by plaintiff Laura Domingo, and 23032 MOTION for New Trial and in the Alternative Motion for Relief from a Judgment or Order filed by plaintiff Penny Saunders, are hereby set for submission: Motion set for 11/30/2011 09:30 AM before Judge Kurt D. Engelhardt. Signed by Judge Kurt D. Engelhardt on 11/16/2011.(Reference: 09-4730)(blg)
November 30, 2011
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ORDER AND REASONS granting 23321 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets by Defendant Starcraft RV, Inc.; claims of plaintiffs James Harvey, Lula Harvey and Glenda Simpson are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 11/30/2011.(Reference: 10-2260)(blg)
November 30, 2011
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ORDER AND REASONS granting 23517 MOTION for Leave to File Second Supplemental and Amended Complaint filed by Plaintiffs Janet Bracy, et al. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 11/30/2011.(Reference: 09-8695)(blg)
November 30, 2011
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ORDER AND REASONS denying 23339 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets filed by Defendants Jayco, Inc., CH2M Hill Constructors, Inc., and Fluor Enterprises, Inc. (as modified by Rec. Docs. 23616, 23641). FURTHER ORDERED that plaintiff Rodney Hills shall cure within sixty (60) days any material deficiencies in his Plaintiff Fact Sheet, as specified in the instant motion, by providing answers to the questions set forth in the PFS form, to the best of his ability. Upon his failure to do so, any defendant may move for dismissal, as provided in Pre-Trial Orders Nos. 2, 32 and 88. Signed by Judge Kurt D. Engelhardt on 11/30/2011.(Reference: 09-4721)(blg)
November 30, 2011
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ORDER AND REASONS granting 23356 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets filed by defendants Jayco RV, Inc. and Bechtel National, Inc.; claims of plaintiffs Michael Jackson, Tiffany Johnson as next friend of Wayne Champagne, Andrea Merrow and John Montgomery are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 11/30/2011.(Reference: 09-6964)(blg)
December 1, 2011
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ORDER AND REASONS granting 23357 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets filed by Defendants Jayco, Inc., Bechtel National, Inc; claims of plaintiffs Steve Kutz, Tara Kutz, Clint Morris, Johnny Morris, Lindsey Stew are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 12/1/2011.(Reference: 09-6964)(blg)
December 2, 2011
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ORDER AND REASONS granting 23358 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre- Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets filed by defendants Starcraft RV, Inc. and Bechtel National, Inc. (as modified by Rec. Docs. 23618, 23642); claims of Tony Nations, Hue Nguyen, Ronald Ramsey, and Amanda Sawin are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 12/2/2011.(Reference: 09-6931)(blg)
December 2, 2011
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ORDER AND REASONS granting 23359 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre- Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets filed by defendants Starcraft RV, Inc. and Bechtel National, Inc. (as modified by Rec. Docs. 23469, 23495, 23617 and 23643); claims of William Smith, Ronald Thompson, and Dong Tran are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 12/2/2011.(Reference: 09-6931)(blg)
December 2, 2011
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ORDER AND REASONS granting 23500 MOTION to Dismiss with prejudice, For Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets, as to plaintiffs Peggy Rudolph (obo Myranda Batiste, Cardarrell Rudolph, Darious Rudolph and Tyrese Rudolph) and Reginald Hall by Defendant Liberty Mutual Insurance Corporation. Signed by Judge Kurt D. Engelhardt on 12/2/2011.(Reference: 09-4734)(blg)
December 2, 2011
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ORDER AND REASONS granting 23502 MOTION to Dismiss with prejudice, For Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets, by Defendant Liberty Mutual Insurance Company; claims of plaintiffs Heather Atlow, Heather Atlow (obo Cody Doulette, Katlyn Atlow and Kiara Atlow) and Irvin Vaultz are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 12/2/2011.(Reference: 09-4734)(blg)
December 2, 2011
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ORDER AND REASONS granting 23504 MOTION to Dismiss with prejudice, For Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets, as to plaintiffs Keishauna Stephen, Keishauna Stephen (obo Kailen Stephen and Kyla Stephen), Kuashika Stephen, and Kuimar Stephen by Defendant Liberty Mutual Insurance Corporation. Signed by Judge Kurt D. Engelhardt on 12/2/2011.(Reference: 09-4734)(blg)
December 2, 2011
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ORDER AND REASONS granting 23521 MOTION to Dismiss with prejudice, For Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets filed by defendant Liberty Mutual Insurance Company (as modified by Rec. Docs. 23631, 23671); claims of plaintiffs Marica Stephen and Shauron Willis obo J'Shaun Piernas are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 12/2/2011.(Reference: 09-7917)(blg)
December 2, 2011
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ORDER AND REASONS granting 23523 MOTION to Dismiss with prejudice, For Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets as to plaintiff Billy Wilkinson by Defendant Liberty Mutual Insurance Company. Signed by Judge Kurt D. Engelhardt on 12/2/2011.(Reference: 10-2201)(blg)
December 5, 2011
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ORDER AND REASONS granting in part, denying in part 23499 MOTION to Dismiss with prejudice, For Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets filed by Defendant Liberty Mutual Insurance Company (as modified by Rec Docs 23630, 23668); DENIED IN PART, in that it is denied with respect to Joshua Palmer, and GRANTED IN PART, in that it is granted with respect to Jeffrey Hardy on behalf of Ethan Hardy. IT IS FURTHER ORDERED that the claims of Jeffrey Hardy on behalf of Ethan Hardy are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 12/5/2011.(Reference: 09-4734)(blg)
December 5, 2011
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ORDER AND REASONS denying 23519 MOTION to Dismiss with prejudice, For Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets filed by Defendant Liberty Mutual Insurance Company (as modified by Rec. Docs. 23633, 23669). FURTHER ORDERED that plaintiff Gloria Bridges shall answer within fifteen (15) days PFS questions V.A.6 and V.A.7, providing at a minimum the month and year. Upon failure to do so, the PFS shall be deemed to state "December 1, 2006" in response to question V.A.6 and "January 1, 2007" in response to question V.A.7. IT IS FURTHER ORDERED that plaintiff James Allen shall answer within fifteen (15) days PFS questions III.C.8 and III.C.9. Upon failure to do so, each of these two questions shall be deemed to be answered "No". Signed by Judge Kurt D. Engelhardt on 12/5/2011.(Reference: 09-7104)(blg)
December 5, 2011
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aims of Devin Frank, Hazel Frank, Rashad Frank, Stacey Frank, Tyrone Frank, and Yvonne Frank are hereby DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that plaintiff Mary Smythe shall cure within fifteen (15) days any material deficiencies in her PlORDER AND REASONS granting in part, denying in part 23522 MOTION to Dismiss with prejudice, For Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets filed by defendant Liberty Mutual Insurance Company; DENIED IN PART, in that it is denied with respect to Mary Smythe and Shawn White, and GRANTED IN PART, in that it is granted with respect to plaintiffs Devin Frank, Hazel Frank, Rashad Frank, Stacey Frank, Tyrone Frank, Yvonne Frank. FURTHER ORDERED that the claintiff Fact Sheet, as specified herein, by providing individual and meaningful answers to the questions set forth in the PFS form. Upon failure to do so, any defendant may move for dismissal, as provided in Pre-Trial Orders Nos. 2, 32 and 88. Signed by Judge Kurt D. Engelhardt on 12/5/2011.(Reference: 10-1261)(blg)
December 6, 2011
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ORDER AND REASONS denying in part, denying as withdrawn in part 23503 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets; DENIED AS WITHDRAWN IN PART, as to plaintiffs ReElla Marshall (identified in the Complaint as Ella Marshalland/or Rella Marshall) and Pierre Clark (identified in the Complaint as simply "Pierre"), and DENIED IN PART, in that it is denied in all other respects. IT IS FURTHER ORDERED that plaintiffs An Nguyen on behalf of A.L., Nyasha Smith on behalf of R.S., Iris Wells on behalf of F.W., and Pamela Howell on behalf of K.J. shall provide a PFS to Forest River within fifteen (15) days. Upon failure to do so, any defendant may move for dismissal, as provided in Pre-Trial Orders Nos. 2, 32 and 88. Signed by Judge Kurt D. Engelhardt on 12/6/2011.(Reference: 09-4713, 09-7070, 09-7889, 10-2190)(blg)
December 6, 2011
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ORDER AND REASONS denying in part, denying as withdrawn in part 23240 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets filed by Defendant Forest River, Inc.; DENIED IN PART, in that it is denied with respect to plaintiffs Bonnie Landry, Margie Hargrove, Paul Hargrove, and Deborah Stewart, and DENIED AS WITHDRAWN IN PART, in that it is denied as withdrawn as to plaintiffs (as stated in document). FURTHER ORDERED that plaintiffs Bonnie Landry, Margie Hargrove, Paul Hargrove, and Deborah Stewart shall provide a PFS to Forest River within fifteen (15) days. Upon failure to do so, any defendant may move for dismissal, as provided in Pre-Trial Orders Nos. 2, 32 and 88. Signed by Judge Kurt D. Engelhardt on 12/6/2011. (Reference: 09-5377, 09-5382, 09-5383, 09-7274, 09-8708, 09-8746, 10-2460, 10-2461)(blg)
December 7, 2011
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ORDER AND REASONS denying 23031 MOTION for New Trial and in the Alternative Motion for Relief from a Judgment or Order by Plaintiff Laura Domingo, and 23032 MOTION for New Trial and in the Alternative Motion for Relief from a Judgment or Order filed by Plaintiff Penny Saunders. Signed by Judge Kurt D. Engelhardt on 12/7/2011.(Reference: 09-4730)(blg)
December 14, 2011
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ORDER AND REASONS granting 23608 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets and the Matching Requirements of Pre-Trial Orders No. 38, 49, and 68, as to Harriette Taylor, Harriette Taylor (obo RDM,KDT, DLT) by Defendant Forest River, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 12/14/2011.(Reference: 09-5272)(blg)
December 14, 2011
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ardt on 12/14/2011.(Reference: 09-5317)(blg)ORDER AND REASONS granting 23672 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Order Nos. 2 and 32 relating to the provisions of Plaintiff Fact Sheets as to plaintiff Lucy Walton by Defendant Liberty Mutual Insurance Company. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelh
December 14, 2011
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ORDER AND REASONS granting 23673 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Order Nos. 2 and 32 relating to the provision of Plaintiff Fact Sheets as to plaintiff Damian Lebeaud by Defendant Liberty Mutual Insurance Company. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 12/14/2011.(Reference: 09-8464)(blg)
December 14, 2011
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ORDER AND REASONS denying 23528 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders Nos. 2 and 32 Relating to Plaintiff Fact Sheets as to plaintiff Crystal Lynn Hester by Defendant Sunnybrook RV, Inc. FURTHER ORDERED that plaintiff Crystal Lynn Hester shall within fifteen (15) days provide to Sunnybrook answers to PFS question IV.F.3(a) and (b). Upon her failure to do so, Sunnybrook may file an ex-parte motion to dismiss her lost wage claim with prejudice. Signed by Judge Kurt D. Engelhardt on 12/14/2011.(Reference: 10-2293)(blg)
December 14, 2011
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ORDER AND REASONS granting 23529 MOTION to Dismiss for failure to comply with the terms of the Court's Pre- Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets by Defendants Starcraft RV, Inc., Bechtel National, Inc.; FURTHER ORDERED that the claims of plaintiffs Joseph Crapeau, Coriel Galloway, Randall Galloway, and Stacey Goodole are hereby DISMISSED WITH PREJUDICE. FURTHER ORDERED that the claims of plaintiff Shalon Fincher are hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge Kurt D. Engelhardt on 12/14/2011.(Reference: 09-6931)(blg)
December 14, 2011
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ORDER AND REASONS granting 23534 MOTION to Dismiss for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets by Defendant Jayco, Inc.; FURTHER ORDERED that the claims of plaintiffs:Derek Daughtry as Next Friend of A.B., Dorothy Dillon and Dianne Gordon as Next Friend of A.G., D.G. and J.G. are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 12/14/2011.(Reference: 10-2238)(blg)
December 14, 2011
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ORDER AND REASONS granting 23536 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets as to plaintiffs James Smith and Yvonne Smith by Defendant Jayco, Inc. Signed by Judge Kurt D. Engelhardt on 12/14/2011.(Reference: 10-2238)(blg)
December 14, 2011
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ORDER AND REASONS granting 23537 MOTION to Dismiss for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets by Defendants Starcraft RV, Inc., Bechtel National, Inc. and CH2M Hill Constructors, Inc. (as modified by Rec. Docs. 23785, 23789); claims of plaintiffs Kelly Galloway, Derrick Robinson are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 12/14/2011.(Reference: 09-7090)(blg)
December 14, 2011
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ORDER AND REASONS granting 23538 MOTION to Dismiss for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets by Defendants Starcraft RV, Inc., Bechtel National, Inc. and CH2M Hill Constructors, Inc.; claims of plaintiffs Joseph Boyd (obo Jaden Boyd, Joseph Boyd Jr., Jossie Boyd) are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 12/14/2011.(Reference: 09-7090)(blg)
December 14, 2011
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ORDER AND REASONS granting 23539 Motion to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets as to plaintiffs Joseph Boyd and Inoka Salter (as Next Friend of Caitlyn McDavell) by Defendants Starcraft RV, Inc., Bechtel National, Inc. and Shaw Environmental, Inc. Signed by Judge Kurt D. Engelhardt on 12/14/2011.(Reference: 10-1291)(blg)
December 14, 2011
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ORDER AND REASONS granting 23540 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets by Defendants Jayco, Inc., Bechtel National, Inc., Fluor Enterprises, Inc. (as modified by Rec. Docs. 23817, 23845); claims of plaintiff Sasson Brown are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 12/14/2011.(Reference: 09-7083)(blg)
December 15, 2011
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ORDER AND REASONS denying 23567 MOTION to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets by Defendant Liberty Mutual Insurance Company (as modified by Rec. Docs. 23821, 23846); FURTHER ORDERED that plaintiffs Germaine Miller obo Micah Wilkerson, and Sabrina Mitchell on behalf of Blessing Mitchell shall answer within fifteen (15) days PFS questions V.A.6 and V.A.7 with respect to each FEMA unit in which the plaintiff resided. Upon failure to do so, the R-Vision move-in date shall be deemed to be "April 1, 2007" and the R-Vision move-out date shall be deemed to be "May 1, 2007". Signed by Judge Kurt D. Engelhardt on 12/15/2011.(Reference: 09-4734)(blg)
December 15, 2011
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ORDER AND REASONS denying 23568 MOTION to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets by Defendant Liberty Mutual Insurance Company; FURTHER ORDERED that plaintiffs: (1) Dawn Esposito on behalf of Elizabeth Esposito, (2) Debra Bradley, (3) Dawn Esposito on behalf of Cameron Esposito, (4) Dorothy Thompson, (5) Clauzell Bradley, (6) Cornell Bradley, and (7) Charlotte Spencer shall answer within fifteen (15) days PFS questions V.A.6 and V.A.7 with respect to each FEMA unit in which the plaintiff resided. Upon failure to do so, the R-Vision move-in date shall be deemed to be "April 1, 2007" and the R-Vision move-out date shall be deemed to be "May 1, 2007". Signed by Judge Kurt D. Engelhardt on 12/15/2011.(Reference: 09-4734)(blg)
December 21, 2011
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ORDER AND REASONS granting 23478 MOTION For Relief from a Judgment or Order filed by plaintiff Javious Magee. FURTHER ORDERED that this Court's 23040 Order and Reasons dated October 5, 2011, in which the Court granted the 22643 Motion to Dismiss with Prejudice for Failure to Comply with Pre-Trial Orders No. 2 & 32 Relating to Plaintiffs Fact Sheets is hereby VACATED IN PART, in that it is vacated only with respect to Javious Magee. IT IS FURTHER ORDERED that the claims of plaintiff Javious Magee are hereby reinstated. Signed by Judge Kurt D. Engelhardt on 12/21/2011.(Reference: 10-2248)(blg)
December 30, 2011
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**VACATED - ORDER AND REASONS granting 23795 MOTION to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets by defendant Forest River, Inc.; dismissing with prejudice the claims of plaintiff James David Burge. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 12/30/2011.(Reference: 10-1041)(blg) Modified on 3/8/2012 - Vacated pursuant to doc #24815 Order. (blg).
December 30, 2011
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ORDER AND REASONS granting 23801 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets and the Matching Requirements of Pre-Trial Orders No. 38 and 49, as to plaintiffs Jason Thien Hoang, Jennifer Linh Hoang, Jimmy Tien Hoang, Taun Anh Hoang, Lien Pham by Defendant Forest River, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 12/30/2011.(Reference: 10-3436)(blg)
December 30, 2011
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ORDER AND REASONS granting 23837 MOTION to Dismiss Case, Motion to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets as to remaining plaintiffs Irma Duplessis and Irma Miller obo D.M. filed by Defendant Forest River, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 12/30/2011.(Reference: 09-4009)(blg)
December 30, 2011
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ORDER AND REASONS granting 23838 MOTION to Dismiss with prejudice, for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets as to plaintiffs James Hills, Jeremy Hills, Schwanda Hills, Clarence L. Lockett, and Lloyd Mae Lockett by Defendant Forest River, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 12/30/2011. (Reference: 09-4611, 09-4636)(blg)
January 3, 2012
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ORDER AND REASONS granting in part, denying in part 23691 Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 & 32 Relating to Plaintiff Fact Sheets filed by defendant Recreation by Design, LLC (as modified by Rec. Docs. 23941, 23968); GRANTED IN PART, in that it is granted with regard to Joyce Clayton, Cleophas Cole, and Leah Cole, and DENIED IN PART, in that it is denied in all other respects. FURTHER ORDERED that the claims of Joyce Clayton, Cleophas Cole, and Leah Cole are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 1/3/2012.(Reference: 10-1252)(blg)
January 3, 2012
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ORDER AND REASONS denying 23692 Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 & 32 Relating to Plaintiff Fact Sheets filed by defendant Recreation by Design, LLC (as modified by Rec. Docs. 23942, 23969); FURTHER ORDERED that plaintiff Mel Eskridge individually shall within fifteen days provide information responsive to the twenty-three key fields that remain unanswered. Upon failure to do so, any defendant may move for dismissal, as provided in Pre-Trial Orders Nos. 2, 32 and 88. Signed by Judge Kurt D. Engelhardt on 1/3/2012.(Reference: 10-1252)(blg)
January 3, 2012
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ORDER AND REASONS granting in part, denying in part 23693 Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 & 32 Relating to Plaintiff Fact Sheets filed by defendant Recreation by Design, LLC (as modified by Rec. Docs. 23943, 23970); GRANTED IN PART, in that it is granted with regard to Meagan Greene, Kim Johnson on behalf of D.J., Kim Johnson on behalf of D.J., and Kim Johnson individually, and DENIED IN PART, in that it is denied in all other respects. FURTHER ORDERED that the claims of Meagan Greene, Kim Johnson on behalf of D.J., Kim Johnson on behalf of D.J., and Kim Johnson individually are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 1/3/2012.(Reference: 10-1252)(blg)
January 3, 2012
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ORDER AND REASONS granting in part, denying in part 23694 MOTION to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 & 32 Relating to Plaintiff Fact Sheets filed by defendant Recreation by Design, LLC; GRANTED IN PART, in that it is granted with regard to An Nguyen on behalf of B.N., and DENIED IN PART, in that it is denied in all other respects. FURTHER ORDERED that the claims of An Nguyen on behalf of B.N. are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 1/3/2012.(Reference: 10-1252)(blg)
January 3, 2012
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ORDER AND REASONS denying 23695 Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 & 32 Relating to Plaintiff Fact Sheets filed by defendant Recreation by Design, LLC (as modified by Rec. Docs. 23944, 23971); FURTHER ORDERED that plaintiff Larry Stewart shall within fifteen days provide individual and meaningful answers to each of the twenty-three key PFS fields. Upon failure to do so, any defendant may move for dismissal, as provided in Pre-Trial Orders Nos. 2, 32 and 88. Signed by Judge Kurt D. Engelhardt on 1/3/2012.(Reference: 10-1252)(blg)
January 3, 2012
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ORDER AND REASONS denying 23824 MOTION to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 & 32 Relating to Plaintiff Fact Sheets filed by Defendant Liberty Mutual Insurance Company; FURTHER ORDERED that Patrick Poiroux shall answer within fifteen days PFS questions V.A.6 and V.A.7 with respect to each FEMA unit in which the plaintiff resided. Upon failure to do so, the R-Vision move-in date shall be deemed to be "December 1, 2006" and the R-Vision move-out date shall be deemed to be "January 1, 2007". Signed by Judge Kurt D. Engelhardt on 1/3/2012.(Reference: 09-7814)(blg)
January 3, 2012
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ORDER AND REASONS denying 23825 MOTION to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 & 32 Relating to Plaintiff Fact Sheets filed by defendant Liberty Mutual Insurance Company; FURTHER ORDERED that Don Wilson individually and Elica Allen on behalf of I.A. shall answer within fifteen days PFS questions V.A.6 and V.A.7 with respect to each FEMA unit in which the plaintiff resided. Upon failure to do so, the R-Vision move-in date shall be deemed to be "December 1, 2006" and the R-Vision move-out date shall be deemed to be "January 1, 2007." FURTHER ORDERED that plaintiff Don Williams on behalf of D.W. shall within fifteen days answer each of the twenty-three key PFS questions identified in PTO No. 88. Upon failure to do so, any defendant may move for dismissal, as provided in Pre-Trial Orders Nos. 2, 32 and 88. Signed by Judge Kurt D. Engelhardt on 1/3/2012.(Reference: 10-2201)(blg)
January 5, 2012
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ORDER AND REASONS denying 23689 MOTION for Reconsideration and in the Alternative Motion for New Trial, filed by plaintiff Ora Brock, individually and on behalf of Lionel Brock. Signed by Judge Kurt D. Engelhardt on 1/5/2012.(Reference: 09-5847)(blg)
January 11, 2012
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ORDER AND REASONS granting 23926MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets filed by Defendants Jayco,Inc. and Fluor Enterprises, Inc.; claims of Phillip Benoit and Ruth Bolden are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 1/11/2012.(Reference: 09-7887)(blg)
January 11, 2012
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ORDER AND REASONS granting 23929 MOTION to Dismiss for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets by Defendants Starcraft RV, Inc., Bechtel National, Inc. and CH2M Hill Constructors, Inc.; claims of plaintiffs Connie Crapeau, Kevin Hill(obo S.D.), and Angela Ladner are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 1/11/2012.(Reference: 09-6931)(blg)
January 11, 2012
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ORDER AND REASONS granting 23914 MOTION for Leave to File Third Amended Complaint; FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/11/2012.(Reference: 09-8695)(blg)
January 11, 2012
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ORDER AND REASONS granting 23856 MOTION for Summary Judgment filed by Defendants Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.; dismissing the claims of Terry Lynn Gervais against Morgan Buildings & Spas, Inc. and/or Morgan Building Systems, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/11/2012.(Reference: 10-3743)(blg)
January 11, 2012
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ORDER AND REASONS granting 23857 MOTION for Summary Judgment filed by Defendants Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.; dismissing the claims of Elizabeth M. Baker and Edgar W. Galjour against Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/11/2012.(Reference: 10-3967)(blg)
January 11, 2012
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ORDER AND REASONS granting 23910 MOTION to Dismiss with prejudice, for Failure to Comply with Pretrial Order No. 32 relating to Plaintiff Facts Sheets filed by Defendants Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.; dismissing with prejudice the claims of Albert Croon against Morgan Buildings & Spas, Inc. and/or Morgan Building Systems, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/11/2012.(Reference: 09-5548)(blg)
January 11, 2012
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ORDER AND REASONS granting 23932 MOTION to Dismiss the Duplicate Claims of Plaintiff Betty Vanderpool filed by Defendant Jayco Enterprises, Inc.; dismissing without prejudice the claims of Betty Vanderpool. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/11/2012.(Reference: 09-4586)(blg)
January 11, 2012
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ORDER AND REASONS granting 23933 MOTION to Dismiss the Duplicative Claims of Plaintiff Leslie Newman filed by Defendant Jayco Enterprises, Inc.; dismissing without prejudice the claims of Leslie Newman. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/11/2012.(Reference: 09-4596)(blg)
January 11, 2012
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ORDER AND REASONS granting 23934 MOTION to Dismiss the Duplicative Claims of Plaintiff Clayton Clark filed by Defendant Jayco Enterprises, Inc.; dismissing without prejudice the claims of Clayton Clark. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/11/2012.(Reference: 09-4877)(blg)
January 11, 2012
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ORDER AND REASONS granting in part, denying in part 23911 MOTION for Summary Judgment, MOTION to Dismiss with prejudice for Failure to Comply with Pre-Trial Order No. 32 Relating to Plaintiff Fact Sheets filed by Defendants Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc.; GRANTED IN PART, in that the motion for summary judgment is granted as unopposed with respect to plaintiffs Clarence Blagio, Rosemary Blasio, Faith Blasio, and Linda Begnaud, and DENIED IN PART, in that the motion to dismiss is denied all respects. FURTHER ORDERED that the claims of Clarence Blagio, Rosemary Blasio, Faith Blasio, and Linda Begnaud are hereby DISMISSED as against Morgan Buildings & Spas, Inc. and Morgan Building Systems, Inc. only. Such dismissal shall not affect any claim that any plaintiff has against any other defendant. FURTHER ORDERED that Theresa Lopez, Adam Patcheco, Karen Patcheco, and Patricia Patcheco shall within fifteen days provide reasonably precise (month and year) answers to PFS questions V.A.6 and V.A.7. Upon failure to do so, the move-in date shall be deemed to be "December 1, 2006" and the move-out date shall be deemed to be "January 1, 2007". Signed by Judge Kurt D. Engelhardt on 1/11/2012.(Reference: 10-3702)(blg)
January 13, 2012
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ORDER AND REASONS granting 23920 MOTION for Court Approval and Adoption of Special Master's Recommendations on Methodology and Allocations filed by Daniel J. Balhoff. Signed by Judge Kurt D. Engelhardt on 1/13/2012.(Reference: ALL CASES)(blg)
January 18, 2012
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ORDER AND REASONS granting 17751 Fluor Enterprises, Inc.'s MOTION for Partial Judgment on the Pleadings to Dismiss Negligent Failure to Warn Claims in the Third and Fourth Supplemental and Amended Administrative Master Complaint; granting in part, denying in part 17753 CH2M Hill Constructors, Inc.'s and Shaw Environmental, Inc.'s Joint Rule(b)(6) Motion to Dismiss Failure to Warn Claims in the Third and Fourth Supplemental and Amended Administrative Master Complaints: granted with respect to plaintiffs' negligent failure to warn claim under Louisiana's general law of negligence, and DENIED IN PART, in that it is denied in all other respects. Signed by Judge Kurt D. Engelhardt on 1/18/2012.(Reference: ALL CASES)(blg)
January 25, 2012
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ORDER AND REASONS granting 24067 MOTION for Summary Judgment; dismissing the claims of the plaintiffs listed in Appendix A (Rec. Doc. 24067), as against Liberty Mutual Insurance Company only. This dismissal shall not affect the plaintiffs' claims against any other defendants. Further, the Court notes the corrections to Appendix A set forth in Plaintiffs' response memorandum (Rec. Doc. 24178) at page 2. Signed by Judge Kurt D. Engelhardt on 1/25/2012.(Reference: 09-7104, 09-4734, 09-7814, 09-7917, 10-1261, 10-2201)(blg)
January 25, 2012
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ORDER AND REASONS granting 24027 MOTION for Summary Judgment and Alternative Motion to Dismiss with Prejudice for Failure to Comply with Pretrial Order No. 32 Relating to Plaintiff Fact Sheets; dismissing with prejudice the claims of Darrell Harrison and Denise Moore against Morgan Buildings & Spas, Inc. and/or Morgan Building Systems, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/25/2012.(Reference: 09-4590)(blg)
January 25, 2012
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by Recreation by Design, LLC; FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/25/2012.(Reference: 09-4937)(blg)ORDER AND REASONS granting 24055 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88 Regarding Plaintiff Fact Sheets as to Plaintiffs, Sonya Johnson, Marvin Johnson, Shawn Johnson and Sonya Johnson obo JW,
January 25, 2012
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ORDER AND REASONS granting 24056 MOTION to Dismiss With Prejudice for Failure to Comply with Pre-Trial Order Nos. 2, 32 & 88 Regarding Plaintiff Fact Sheets as to Plaintiffs, Corinthian Ancar and Irvin Clark, by Recreation by Design, LLC. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/25/2012.(Reference: 09-5964)(blg)
January 25, 2012
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ORDER AND REASONS granting 24028 MOTION for Summary Judgment; dismissing with prejudice the claims of Estella Adkins and Maria Lennon in her capacity as guardian of the minor J.L. against Morgan Buildings & Spas, Inc., Morgan Building and Spa Manufacturing Corporation, and/or Morgan Building Systems, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/25/2012.(Reference: 09-5575)(blg)
January 25, 2012
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ORDER AND REASONS denying 23974 MOTION to Dismiss with Prejudice for Failure to Comply with Pre-Trial Order No. 32 Relating to Plaintiff Fact Sheets, filed by defendant Morgan Building & Spas, Inc. Signed by Judge Kurt D. Engelhardt on 1/25/2012.(Reference: 10-2276)(blg)
January 25, 2012
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ORDER AND REASONS granting in part, denying in part 23976 MOTION to Dismiss For Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets filed by Defendant Liberty Mutual Insurance Company; GRANTED IN PART, in that it is granted with respect to Latoya Batiste, Damion Batiste, Latoya Batiste obo Damion Batiste, Jr., and Latoya Batiste obo Sa'renity Batiste; and DENIED IN PART, in that it is denied in all other respects. FURTHER ORDERED that the claims of Latoya Batiste, Damion Batiste, Latoya Batiste obo Damion Batiste, Jr., and Latoya Batiste obo Sa'renity Batiste are hereby DISMISSED WITH PREJUDICE. FURTHER ORDERED that plaintiff Lekeshia Bradley shall within fifteen (15) days provide key information regarding the R-Vision unit, the VIN and move-in/move-out dates, at a minimum. Upon her failure to do so, Liberty Mutual may move for dismissal, as provided in Pre- Trial Orders Nos. 2, 32 and 88. Signed by Judge Kurt D. Engelhardt on 1/25/2012.(Reference: 10-1261)(blg)
January 25, 2012
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ORDER AND REASONS granting 24012 MOTION for Leave to File Amended Complaint filed by Plaintiffs Jennifer Hayes, et al. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/25/2012.(Reference: 09-8525)(blg)
January 25, 2012
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ORDER AND REASONS granting 23984 MOTION for Leave to File Amended Complaints; allowing plaintiffs to file amended complaints, subject to a full reservation of rights on behalf of Crum & Forster, as set forth in Rec. Doc. 24133. Signed by Judge Kurt D. Engelhardt on 1/25/2012.(Reference: 09-5991, 09-4730, 09-7101, 09-7808, 09-7909, 10-1253, 10-2189, 10-2248)(blg)
January 25, 2012
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ORDER AND REASONS granting 24013 MOTION for Leave to File Second Amended Complaint by Plaintiffs Djerria DeMolle, et al; FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/25/2012. (Reference: 09-8455)(blg)
January 25, 2012
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ORDER AND REASONS granting 24016 MOTION for Leave to File Second Amended Complaint by Plaintiffs Doris Tolliver, et al. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/25/2012.(Reference: 09-8635)(blg)
January 25, 2012
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cable to this particular instance. Signed by Judge Kurt D. Engelhardt on 1/25/2012.(Reference: 09-8636)(blg)ORDER AND REASONS granting 24017 MOTION for Leave to File Amended Complaint by Plaintiffs Dorothy Butler, et al. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are appli
January 26, 2012
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ORDER AND REASONS denying 23931 MOTION to Dismiss with prejudice, for Failure to Comply with Pretrial Order 32 relating to Plaintiff Fact Sheets as to plaintiff Petrina Bondio by Defendants Morgan Building & Spas, Inc., Morgan Building Systems, Inc. Signed by Judge Kurt D. Engelhardt on 1/26/2012.(Reference: 10-3732)(blg)
January 26, 2012
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ORDER AND REASONS denying 23954 MOTION to Dismiss with prejudice, for Failure to Comply with Pretrial Order 32 relating to Plaintiff Fact Sheets filed by defendant Morgan Building Systems, Inc. (as modified by Rec. Doc. 24240). FURTHER ORDERED that plaintiff Jerry Womack shall provide answers to each of the twenty-three (23) key PFS fields by February 14, 2012. Upon his failure to do so, Morgan may move for dismissal, as provided in Pre-Trial Orders Nos. 2, 32 and 88. Signed by Judge Kurt D. Engelhardt on 1/26/2012.(Reference: 10-2279)(blg)
January 26, 2012
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ORDER AND REASONS denying 23977 MOTION to Dismiss with prejudice, for Failure to Comply with Pretrial Order 32 relating to Plaintiff Fact Sheets as to plaintiffs Henry H. Vandenborre Jr. and Brian Joseph Dobronich by Defendants Morgan Buildings & Spas, Inc., Morgan Building Systems, Inc. Signed by Judge Kurt D. Engelhardt on 1/26/2012.(Reference: 10-3702)(blg)
January 26, 2012
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ORDER AND REASONS granting 24008 MOTION for Leave to File Amended Complaint filed by Plaintiffs Joseph Williams, Jr, et al. Signed by Judge Kurt D. Engelhardt on 1/26/2012.(Reference: 09-8486)(blg)
February 2, 2012
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ORDER AND REASONS denying 23468 MOTION for Leave to File First Amended Complaint, 23511 MOTION for Leave to File First Supplemental and Amended Complaint (as modified by Rec. Docs. 23753, 23781), and 23516 MOTION for Leave to File First Supplemental and Amended Complaint. Signed by Judge Kurt D. Engelhardt on 2/2/2012.(Reference: 09-8570, 09-8646, 09-8650)(blg)
February 2, 2012
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ORDER AND REASONS denying 23899 MOTION for Reconsideration re 23546 Order denying Motion for Leave to File Second Amended Complaint. Signed by Judge Kurt D. Engelhardt on 2/2/2012.(Reference: 10-3610)(blg)
February 2, 2012
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ORDER AND REASONS denying 23936 MOTION for Leave to File Fourth Supplemental and Amending Complaint, 24007 MOTION for Leave to File Second Amended Complaint, 24011 MOTION for Leave to File Amended Complaint. Signed by Judge Kurt D. Engelhardt on 2/2/2012.(Reference: 09-5547, 09-8570, 09-8468)(blg)
February 2, 2012
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ference: 09-8485, 09-8626, 09-8629)(blg)ORDER AND REASONS denying 24014 MOTION for Leave to File Second Amended Complaint, 24015 MOTION for Leave to File Second Amended Complaint, and 24018 MOTION for Leave to File Amended Complaint. Signed by Judge Kurt D. Engelhardt on 2/2/2012.(Re
February 3, 2012
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ORDER AND REASONS granting Motions for Leave to Filed Amended Complaints (23839, 23935, 23945, 23959, 23960, 23990, 23992, 23994, 23997, 23998, 23999, 24000, 24001, 24002, 24006, 24009, 24010); granting 23995 MOTION to Sever Claims and to Join Existing Actions filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 2/3/2012.(Reference: Member Cases Referenced in the Motions Addressed Herein)(blg)
February 8, 2012
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ORDER AND REASONS granting 24215 MOTION to Dismiss Plaintiffs Fayetta Justin, Christopher Justin, and Clifton Justin III by Defendant Gulf Stream Coach, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 2/8/2012.(Reference: 09-8475)(blg)
February 8, 2012
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ORDER AND REASONS granting 24221 MOTION to Dismiss Plaintiffs Willie Washington, and Sharon Washington (individually and obo D.W.) by Defendant Gulf Stream Coach, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 2/8/2012.(Reference: 09-8467)(blg)
February 8, 2012
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ORDER AND REASONS granting 24233 MOTION to Dismiss claims of plaintiff Barbara Harris by Defendant Gulf Stream Coach, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 2/8/2012.(Reference: 09-8470)(blg)
February 8, 2012
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ORDER AND REASONS granting 24234 MOTION to Dismiss claims of plaintiff Kentrell Butler by Defendant Gulf Stream Coach, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 2/8/2012.(Reference: 09-4108)(blg)
February 8, 2012
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ORDER AND REASONS granting 24254 MOTION to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets, as to plaintiffs Angelle Allen, Kenneth LaFrance, Asia Eboney Lane, Arwvin Sino, Arvine Tyrone Sino, and Donna Sino by Defendant Layton Homes Corp. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 2/8/2012.(Reference: 09-5260)(blg)
February 8, 2012
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ORDER AND REASONS granting 24255 MOTION for Summary Judgment, and Alternative MOTION to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets as to plaintiffs Cornelius Ducro, Albert Hawkins, Sr., Phyllis Hawkins, Spencer Jerome Jackson, Genette Lee, Otis Kareem Mackey, Ella Stein Singleton, Harry Dwayne Singleton, Carl Stewart, Jr., Donesha Stewart, Proma James Turner, Lynnae Williams, Nelson Clarence Williams, III, Shannon Devoura Williams, Shannon Devoura Williams, a/n/f of Jace Williams, London Williams and Nashae Williams filed by Defendant Layton Homes Corp. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 2/8/2012.(Reference: 09-5260)(blg)
February 8, 2012
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ORDER AND REASONS granting 24256 MOTION to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets as to plaintiff Robert Meshell by Defendant Skyline Corporation. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10 (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 2/8/2012.(Reference: 10-1362)(blg)
February 8, 2012
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ORDER AND REASONS denying as moot 24262 MOTION for Summary Judgment, and Alternative MOTION to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets filed by Defendant Layton Homes Corp.; and that the claims of the plaintiffs addressed therein shall be voluntarily dismissed as the plaintiffs have requested in Rec. Doc. 24382. FURTHER ORDERED that pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, and with the consent of Layton Homes Corp., the claims of Loukevia M. Williams, individually and on behalf of J.W. and K.W., and Vernon Wiliams, in the referenced case are dismissed with prejudice solely as to the defendant Layton Homes Corp., while preserving all their claims against the other named defendants named in this case and those of these same plaintiffs as to other manufacturers named in other cases pending in this MDL (against Recreation By Design and Gulfstream). This Order shall not affect the claims of the other named plaintiffs in the referenced case, who maintain their claims against all defendants. Signed by Judge Kurt D. Engelhardt on 2/8/2012.(Reference: 10-3686)(blg)
February 9, 2012
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ORDER AND REASONS granting 24202 MOTION to Sever Claims and to Join Existing Action. Signed by Judge Kurt D. Engelhardt on 2/9/2012.(Reference: 09-3990, 09-4025, 09-4067, 09-4906, 09-4908, 09-4928, 09-4933, 09-5530, 09-5636, 09-5638, 09-5640, 09-5651, 09-5679, 09-5731, 09-5744, 09-8302, 09-8312, 09-5957)(blg)
February 13, 2012
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ORDER AND REASONS granting 24120 MOTION for Reconsideration; FURTHER ORDERED that this Court's Order and Reasons dated December 14,2011 (Rec. Doc. 23879), in which the Court granted the Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 & 32 Relating to Plaintiffs Fact Sheets (Rec. Doc. 23539) is hereby VACATED IN PART, in that it is vacated only with respect to Inoka Salter on behalf of Caitlyn McDavell. IT IS FURTHER ORDERED that the claims of plaintiff Inoka Salter on behalf of Caitlyn McDavell are hereby reinstated. Signed by Judge Kurt D. Engelhardt on 2/13/2012.(Reference: 10-1291)(blg)
February 22, 2012
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ORDER AND REASONS granting 24359 MOTION to Dismiss for failure to comply with Pretrial Orders Nos. 2 & 32 relating to plaintiff fact sheets, as to plaintiffs Charlotte Paige, Charlotte Paige (obo I.N.P. and I.D.P.), Christopher Paige, Jalisha Paige, Jalisha Paige (obo D.C.) by Defendants Jayco, Inc., Jayco Enterprises, Inc., Bechtel National, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 2/22/2012.(Reference: 10-269)(blg)
February 23, 2012
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ORDER AND REASONS denying 17826 MOTION to Remand to State Court filed by Plaintiffs 10-4128, 17827 MOTION to Remand to State Court filed by Plaintiffs 10-4118, 17834 MOTION to Remand to State Court filed by Plaintiffs 10-4119, 17836 MOTION to Remand to State Court filed by Plaintiffs 10-4130, 17882 MOTION to Remand to State Court filed by Plaintiffs 10-4125, 17884 MOTION to Remand to State Court filed by Plaintiffs 10-4126, 17885 MOTION to Remand to State Court filed by Plaintiffs 10-4127. Signed by Judge Kurt D. Engelhardt on 2/23/2012.(Reference: 10-4118, 10-4119, 10-4125, 10-4126, 10-4127, 10-4128, 10-4130)(blg)
February 24, 2012
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ORDER AND REASONS granting 24351 MOTION to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets by Defendant Layton Homes Corp; FURTHER ORDERED that the claims of Eunice Davenport are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 2/24/2012.(Reference: 10-2262)(blg)
February 27, 2012
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ORDER AND REASONS granting 24352 MOTION to Dismiss for Failure to Comply with Pre-Trial Orders Relating to Plaintiff Fact Sheets by Skyline Corporation; FURTHER ORDERED that the claims of the following plaintiffs are hereby DISMISSED WITH PREJUDICE: 1) Glenda Davenport; 2) James Davenport; 3) Kathy Davenport; 4) Lisa Davenport; 5) Vicki Davenport; 6) Alton Fisher; 7) Alvin Fisher; 8) Blake Fisher; 9) Charlene Fisher; 10) Deljuana Fisher; 11) Ralph Fisher; 12) Raquel Fisher; 13) Raymond Fisher; and 14) Yolanda Fisher. Signed by Judge Kurt D. Engelhardt on 2/27/2012.(Reference: 10-2258)(blg)
February 27, 2012
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ORDER AND REASONS denying 24360 MOTION to Dismiss for failure to comply with Pretrial Orders Nos. 2 & 32 relating to plaintiffs fact sheets, as to plaintiff Andrew Tran by Defendants Jayco, Inc., CH2M Hill Constructors, Inc. Signed by Judge Kurt D. Engelhardt on 2/27/2012.(Reference: 10-1277)(blg)
March 6, 2012
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athan Andry)(blg) (Additional attachment(s) added on 3/12/2012: # (1) Certified Mail sent 3-6-2012, # (2) Return Receipt 3-8-2012) (blg).ORDER AND REASONS re 24245 Order to Show Cause as to Jonathan Andry; ORDERED that the Show Cause Order is hereby CONTINUED to September 5, 2012. Signed by Judge Kurt D. Engelhardt on 3/6/2012.(Reference: 09-5847) (NEF and Certified Mail sent to Jon
March 7, 2012
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ORDER AND REASONS granting 24391 United States of America's Motion for Entry of a Fed. R. Civ. P. 54(b) Judgment Dismissing Mississippi Plaintiffs' Claims Against the United States of America, 24392 United States of America's Motion for Entry of a Fed. R. Civ. P. 54(b) Judgment Dismissing Alabama Plaintiffs' Claims Against the United States of America, 24557 United States of America's Fed. R. Civ. P. 12(b)(1) and 12(h) Motion to Dismiss Alabama Plaintiffs' Claims Against the United States for Lack of Subject Matter Jurisdiction, and 24559 United States of America's Fed. R. Civ. P. 12(b)(1) and 12(h) Motion to Dismiss Mississippi Plaintiffs' Claims Against The United States for Lack of Subject Matter Jurisdiction. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 3/7/2012.(Reference: Member Cases Referenced in Rec. Docs. 24391, 24392, 24557, 24559)(blg)
March 7, 2012
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ORDER AND REASONS granting 24469 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets as to plaintiffs Clayton Clark, Melda Clark, and Trevor Clark filed by Defendants Jayco Enterprises, Inc., CH2M Hill Constructors, Inc., Fluor Enterprises, Inc., and Shaw Environmental, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 3/7/2012.(Reference: 09-4586)(blg)
March 7, 2012
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ORDER AND REASONS granting 24470 MOTION to Dismiss with prejudice, for failure to comply with the terms of the Court's Pre-Trial Orders Nos. 2 and 32 relating to the production of Plaintiff Fact Sheets as to plaintiffs Alec Causey Sr., Alec Causey Jr., Charles Causey, and Dianna Causey filed by Defendants Jayco Enterprises, Inc. and Shaw Environmental, Inc. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 3/7/2012.(Reference: 09-6180)(blg)
March 8, 2012
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ORDER AND REASONS granting 24238 MOTION for Reconsideration re 24032 Order Dismissing Plaintiff James Burge; This Court's Order and Reasons dated December 30, 2011 (Rec. Doc. 24032), in which the Court granted "Defendant Forest River Inc.'s Motion to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets" (Rec. Doc. 23795), is hereby VACATED. The claims of plaintiff James Burge are hereby reinstated; and Any party opposed to this Court making a suggestion to the to the Judicial Panel on Multidistrict Litigation that this case be remanded to the United States District Court for the Southern District of Mississippi must show cause in writing on or before March 14, 2012, why this Court should not make a suggestion of remand to the Judicial Panel on Multidistrict Litigation regarding the instant member case. Signed by Judge Kurt D. Engelhardt on 3/8/2012.(Reference: 10-1041)(blg)
March 21, 2012
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ORDER AND REASONS granting 24624 MOTION for Leave to File Second Amended Complaint. Signed by Judge Kurt D. Engelhardt on 3/21/2012.(Reference: 09-8056)(blg)
March 21, 2012
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ORDER AND REASONS granting 24598 Forest River's Motion for Reconsideration re 24301, 24303 Orders granting Motions for Leave to Amend Complaints to Add Plaintiffs; The Court's Order and Reasons, Rec. Doc. 24301 and 24303 are hereby VACATED. Plaintiffs' 24016 MOTION for Leave to File Second Amended Complaint to Add Plaintiffs, and 24017 MOTION for Leave to File Amended Complaint to Add Plaintiffs are hereby set for submission without oral argument on 4/18/2012. FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10,(Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 3/21/2012.(Reference: 09-8635, 09-8636)(blg)
March 23, 2012
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ORDER AND REASONS re 16598 MOTION to Dismiss for Lack of Jurisdiction the Remaining FTCA Claims of All 'Louisiana Plaintiffs' or, in the Alternative MOTION for Summary Judgment filed by United States of America; GRANTED, the remaining claims of the Louisiana plaintiffs against the United States are hereby dismissed. Signed by Judge Kurt D. Engelhardt on 3/23/2012.(Reference: ALL CASES)(blg)
April 11, 2012
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JUDGMENT under Rule 54(b): ORDERED, ADJUDGED and DECREED that there be a Fed. R. Civ. P. 54(b) judgment in favor of the defendant, United States of America, and that any and all claims asserted by plaintiffs in these actions against the United States of America are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 4/11/2012. (Attachments: # (1) Exhibit 1)(Reference: All Louisiana Case, see Exhibit 1)(blg)
April 11, 2012
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ORDER AND REASONS denying 17825 MOTION to Remand to State Court filed by Plaintiffs. Signed by Judge Kurt D. Engelhardt on 4/11/2012.(Reference: 10-4120)(blg)
April 18, 2012
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ORDER AND REASONS denying 25063 MOTION to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff Fact Sheets, as to plaintiffs Bernardita Abney, Brodrick Allen, and Linda Allen filed by Defendant Gulf Stream Coach, Inc. Signed by Judge Kurt D. Engelhardt on 4/18/2012.(Reference: 12-112)(blg)
April 18, 2012
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ORDER AND REASONS denying 25064 MOTION to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff Fact Sheets, as to plaintiffs Delinda Adams and Jamie R. Alexander filed by Defendant Gulf Stream Coach, Inc. Signed by Judge Kurt D. Engelhardt on 4/18/2012.(Reference: 09-8698)(blg)
April 18, 2012
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ORDER AND REASONS denying 24837 MOTION to Dismiss for Failure to Comply with Pretrial Order 32, as to plaintiff Jerry Womack filed by Defendant Morgan Buildings and Spas, Inc. Signed by Judge Kurt D. Engelhardt on 4/18/2012.(Reference: 10-2279)(blg)
April 19, 2012
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ORDER AND REASONS denying 24017 MOTION for Leave to File Amended Complaint filed by Plaintiffs Dorothy Butler, et al, 24016 MOTION for Leave to File Second Amended Complaint filed by Plaintiffs Doris Tolliver, et al. Signed by Judge Kurt D. Engelhardt on 4/19/2012.(Reference: 09-8635, 09-8636)(blg)
April 26, 2012
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ORDER AND REASONS denying 25037 MOTION to Remand to State Court filed by Plaintiff Ann M Terrell. Signed by Judge Kurt D. Engelhardt on 4/26/2012.(Reference: 12-548)(blg)
May 4, 2012
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ORDER AND REASONS denying MOTIONS to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff Fact Sheets; Rec. Docs. 25129, 25133, 25134, 25136, 25137, 25138, 25139, 25140, 25242, 25143, 25145, 25190. Signed by Judge Kurt D. Engelhardt on 5/4/2012.(Reference: 09-8644, 09-8646, 09-8470, 09-6319, 09-5261, 10-2471, 09-8701, 09-8668, 09-8367, 12-230, 09-5585, 09-8468)(blg)
May 4, 2012
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udge Kurt D. Engelhardt on 5/4/2012.(Reference: Member Cases Listed in Rec Doc. 25074)(blg)ORDER AND REASONS re 25074 MOTION for Entry of Default Judgment, DENIED WITHOUT PREJUDICE, based on Plaintiffs' failure to initially seek a preliminary default through the Clerk, pursuant to Federal Rule of Civil Procedure 55(a). Signed by J
May 4, 2012
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Brenda Sharett, Sandra Brooks, and Sharett Brooks are hereby severed from the claims of the other plaintiffs in Sandra Brooks v. Cavalier Home Builders, LLC, et al, Civil Action No. 10-3922, except that the claims of Brenda Sharett, Sandra BrooksORDER AND REASONS granting 23498 MOTION for Leave to Amend Complaint to Add Gulf Stream and to Dismiss Keystone, and 24066 MOTION to Sever Claims of Brenda Sharett, Sandra Brooks, and Sharett Brooks. FURTHER ORDERED that the claims of, and Sharett Brooks against the United States, now subject to Rule 54(b) judgment, shall remain docketed in Sandra Brooks v. Cavalier Home Builders, LLC, et al, Civil Action No. 10-3922. FURTHER ORDERED that Brenda Sharett, Sandra Brooks, and Sharett Brooks shall, no later than 5/14/2012, file an amended complaint asserting their claims as to Gulf Stream Coach, Inc. only. Such amended complaint: (1) shall be filed with the Clerk of Court on paper, not electronically; (2) shall assert claims against no defendants other than Gulf Stream Coach, Inc.; and (3) shall be accompanied by (a) a copy of the original Complaint in Sandra Brooks v. Cavalier Home Builders, LLC, et al, Civil Action No. 10-3922, and (b) a copy of this Order and Reasons. Upon such filing, the Clerk will assign a new case number to the Amended Complaint and will allot the case to Section "N" (5) for consolidation with MDL No. 07-1873, In Re: FEMA Trailer Formaldehyde Products Liability Litigation. No filing fee shall be required. Signed by Judge Kurt D. Engelhardt on 5/4/2012.(Reference: 09-5976, 10-3922)(blg)
May 4, 2012
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ORDER AND REASONS - ORDERED that the following motions are hereby DENIED WITHOUT PREJUDICE: 25294, 25295, 25296, 25298, and 25301 MOTIONS to Sever Claims and in the Alternative to Transfer or Remand; FURTHER ORDERED that the following motions are hereby DENIED IN PART, in that they are denied with respect to the movants' request "that the Court's order provide that the statutes of prescription/limitation for these plaintiffs were tolled at the time of the filing of the respective original complaints," as stated herein; and GRANTED IN PART, in that they are granted in all other respects: 25292, 25293, 25300, and 25303 MOTIONS to Sever Claims and in the Alternative to Transfer or Remand; FURTHER ORDERED, with regard to Rec. Docs. 25292, 25293, 25300, and 25303, that all plaintiffs for whom venue is improper in this District shall, no later than 5/14/2012, file amended complaints. Such amended complaints: (1) shall be filed with the Clerk of Court on paper, not electronically; (2) shall join only plaintiffs for whom venue is proper in the same district (i.e., a separate amended complaint must be filed for each transferee district); and (3) shall be accompanied by (a) a copy of the original complaint in the relevant member case(s), and (b) a copy of this Order and Reasons. Upon such filing, the Clerk will assign a new case number to each Amended Complaint and will allot the case to Section "N" (5) for consolidation with MDL No. 07-1873, In Re: FEMA Trailer Formaldehyde Products Liability Litigation. No filing fee shall be required. FURTHER ORDERED that plaintiffs for whom venue is proper in this District shall not file an amended complaint. The claims of such plaintiffs will be retained in the existing member cases. Signed by Judge Kurt D. Engelhardt on 5/4/2012.(Reference: 09-4716, 09-4717, 09-4718, 09-4719, 09-7075, 09-7076, 09-7078, 09-7079, 09-7081, 09-7856, 09-7833, 09-7831, 09-7890, 09-7891, 09-7894, 09-7893, 09-7904, 09-7903, 09-7899, 09-7895, 09-7896, 09-7925, 10-1282, 10-1281, 10-1280, 10-2249, 10-2261, 10-2246, 10-2229, 10-2231, 10-2232, 10-2233, 10-2234, 10-2297, 10-2327, 10-3639, 09-4713, 09-7070, 09-7072, 09-7857, 09-7855, 09-7889, 09-7892, 09-7835, 09-7924, 10-1265, 10-2184, 10-2190, 10-2324, 10-3640, 09-4741, 09-7092, 09-7839, 09-7916, 10-1292, 10-2217, 10-2269, 09-4742, 09-7098, 09-7820, 09-7829, 10-1293, 10-2181, 10-2274, 09-4725, 09-7088, 09-7842, 09-7907, 10-1262, 10-2242, 10-2254, 10-2287, 09-7117, 09-7810, 09-7834, 10-1296, 09-4724, 09-7062, 09-7852, 09-7800, 10-1276, 10-2177, 10-2205, 09-4727, 09-7093, 09-7794, 09-7815, 10-1258, 10-2204, 10-2265)(blg)
May 11, 2012
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ORDER AND REASONS denying 25199 MOTION to Dismiss for Failure to Comply with Pre-Trial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets, as to Plaintiff Paula Helmstetter filed by Defendant Forest River, Inc. Signed by Judge Kurt D. Engelhardt on 5/11/2012.(Reference: 09-8630)(blg)
May 11, 2012
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ORDER AND REASONS granting 24963 MOTION for Leave to File Second Amended Complaint by Plaintiffs Vanesta Chambers, et al. Signed by Judge Kurt D. Engelhardt on 5/11/2012.(Reference: 09-8057)(blg)
May 11, 2012
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ORDER AND REASONS denying 25130, 25131, 25132, 25135, 25141, 25144, 25146, 25154, 25174, 25232, 25233, 25234, 25235, 25236, 25237, 25238, 25239, 25240, 25241, 25243, 25244, 25245 MOTIONS to Dismiss for Failure to Comply with Pre-Trial Order Nos. 2, 32, 86 and 88 Relating to Plaintiff Fact Sheets. Signed by Judge Kurt D. Engelhardt on 5/11/2012.(Reference: 09-4716, 09-6949, 09-7891, 09-7925, 09-6945, 09-4718, 10-1280, 09-4717, 09-7075, 10-2229, 10-2246, 09-6944, 09-7079, 09-7078, 10-2233, 09-7895, 09-4718, 10-2231, 09-6951, 10-1282, 10-2232, 09-7081)(blg)
May 16, 2012
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ORDER AND REASONS denying 25379 Forest River's MOTION to Dismiss Case, for Failure to Comply with Pre-Trial Order Nos. 2 and 32 Relating to Plaintiff Fact Sheets, 25445 Forest River's MOTION to Dismiss Certain Plaintiffs, for Failure to Comply with Pretrial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets, and 25449 Forest River's MOTION to Dismiss for Failure to Comply with Pretrial Orders No. 2 and 32 Relating to Plaintiff Fact Sheets and the Matching Requirements of Pretrial Orders No. 38, 49 and 68. Signed by Judge Kurt D. Engelhardt on 5/16/2012.(Reference: 09-7705, 09-8634, 09-8635, 09-8636, 09-8637, 10-2546, 10-3436, 10-3624)(blg)
May 31, 2012
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ORDER granting 25454 Motion to Dismiss Plaintiffs' Claims Against the United States for Lack of Subject Matter Jurisdiction. Signed by Judge Kurt D. Engelhardt on 5/31/2012. (Reference: 09-3200)(blg)
May 31, 2012
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ORDER granting 25455 Motion to Dismiss for Lack of Jurisdiction Plaintiffs Claims Against the United States of America. Signed by Judge Kurt D. Engelhardt on 5/31/2012. (Reference: 09-5477)(blg)
May 31, 2012
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s of America, and that any and all claims asserted by Plaintiffs in this action against the United States of America are hereby DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 5/31/2012.(Reference: 09-5477)(blg)JUDGMENT under Rule 54(b), re 25456 MOTION for Entry of Judgment under Rule 54(b) filed by United States of America. ORDERED, ADJUDGED and DECREED that there be a Fed. R. Civ. P. 54(b) judgment in favor of the defendant, United State
May 31, 2012
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ORDER AND REASONS granting 25455 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs Claims Against the United States of America, 25454 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Claims Against the United States of America, and 25456 MOTION for Entry of Judgment under Rule 54(b) ; FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 5/31/2012.(Reference: 09-3200, 09-5477)(blg)
June 13, 2012
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ORDER AND REASONS granting 25630 MOTION to Dismiss For Failure to Comply with Pre-Trial Order 32 filed by Defendant William Scotsman, Inc., 25632 MOTION to Dismiss For Failure to Comply with Pre-Trial Order 32 filed by Defendant William Scotsman, Inc.; FURTHER ORDERED that counsel should refer to and familiarize themselves with Pretrial Order No. 10, (Rec. Doc. 301), to the extent such rules are applicable to this particular instance. Signed by Judge Kurt D. Engelhardt on 6/13/2012.(Reference: 09-8563, 09-8565)(blg)
July 12, 2012
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ORDER and REASONS - IT IS ORDERED that "Crum & Forster Specialty Insurance Company's Motion to Enforce Memorandum of Understanding and Objection to Order of May 18, 2012" 25692 is hereby DENIED for substantially the reasons set forth in Rec. Docs. 25727 and 25728. IT IS FURTHER ORDERED that Crum & Forster shall pay $1,598.17 to the Watts firm within seven (7) days or be subject to interest as well as sanctions, including but not limited to payment of any and all costs and attorneys' fees incurred by the plaintiffs and by Burlington Insurance Company in opposing the instant motion. Signed by Judge Kurt D. Engelhardt on 7/12/2012. (Reference: ALL CASES)(cab)
August 15, 2012
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ORDER and REASONS - IT IS ORDERED that the "Motion for Relief from Judgment or Order and/or for New Trial and/or Reconsideration" 25762, filed by plaintiffs, is hereby GRANTED and this Court's Order at (Rec. Doc. 25730) is hereby VACATED IN PART as stated within document. Signed by Judge Kurt D. Engelhardt on 8/14/2012. (Reference: 12-197)(cab)
August 16, 2012
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ORDER and REASONS - IT IS ORDERED that the "Settling Contractor Defendants' Motion for Summary Judgment" (Rec. Doc. 25802) is hereby GRANTED, and the plaintiffs' claims against the settling contractor defendants are hereby DISMISSED in the referenced cases involving manufactured homes, as set forth in Exhibit A hereto, as stated within document. Signed by Judge Kurt D. Engelhardt on 8/16/2012. (Attachments: # (1) Exhibit A) (Reference: Member Cases Referenced in Exhibit "A")(cab)
October 3, 2012
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ORDER and REASONS re 25826 MOTION to Dismiss for Lack of Jurisdiction Alabama Plaintiffs filed by United States of America, 25828 MOTION to Dismiss For Failure to Comply with Fed. R. Civ. P. 4(m) and Serve the Complaint in a Timely Manner filed by United States of America, 25829 MOTION to Dismiss for Lack of Jurisdiction and to Dismiss Certain Actions For Failure to Comply with Fed. R. Civ. P. 4(m) and Serve the Complaint in a Timely Manner filed by United States of America, 25827 MOTION to Dismiss for Lack of Jurisdiction Mississippi Plaintiffs filed by United States of America. ORDERED that each of the motions is GRANTED as set forth in document. Signed by Judge Kurt D. Engelhardt on 10/3/12.(Reference: Member Cases Referenced in Rec. Docs. 25826, 25827, 25828 and 25829)(plh, )
October 3, 2012
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ORDER and REASONS re 25842 MOTION to Approve Deduction of Common Benefit Fees and Expenses from Non-Class Manufacturer Settlement Funds filed by Plaintiffs' Liaison Counsel. ORDERED that the Motion is GRANTED as set forth in document. Signed by Judge Kurt D. Engelhardt on 10/3/12.(Reference: All Cases)(plh, )
November 14, 2012
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ORDER and REASONS granting 25914 Motion to Distribute FEMA Manufactured Home Defendants Settlement Funds, as stated within document. Signed by Judge Kurt D. Engelhardt on 11/14/2012. (Reference: ALL CASES)(cab) Modified on 11/14/2012 to edit document type (cab).
February 6, 2013
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ORDER and REASONS - Local Rule 7.5 of the Eastern District of Louisiana requires that a memorandum in opposition to a motion be filed eight days prior to the noticed submission date. No memorandum in opposition to the following motion, noticed for submission on February 6, 2013, was filed: "PSC Motion of Dismissal Pursuant to Northwood Manufacturing, Inc. Settlement" (Rec. Doc. 26006). Further, the Court finds that the motion has merit. Accordingly, IT IS ORDERED that the above motion is hereby GRANTED, as specified in a separate Order, which shall be issued forthwith. Signed by Judge Kurt D. Engelhardt on 2/6/2013.(Reference: ALL CASES)(cbs) Modified on 2/6/2013 to edit document type (cbs).
February 6, 2013
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ORDER AND REASONS - Local Rule 7.5 of the Eastern District of Louisiana requires that a memorandum in opposition to a motion be filed eight days prior to the noticed submission date. No memorandum in opposition to the following motion, noticed for submission on February 6, 2013, was filed: "PSC Motion of Dismissal Pursuant to Allen Camper Manufacturing Company, Inc. Settlement" (Rec. Doc. 26008). Further, the Court finds that the motion has merit. Accordingly, IT IS ORDERED that the above motion is hereby GRANTED, as specified in a separate Order, which shall be issued forthwith. Signed by Judge Kurt D. Engelhardt on 2/6/2013.(Reference: ALL CASES)(cbs) Modified on 2/6/2013 to edit document type (cbs).
February 19, 2013
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ORDER and REASONS re 26015 MOTION to Dismiss Pursuant to Sun Valley Inc. D/B/A Sun-Lite Settlement filed by Plaintiffs' Liaison Counsel, as stated within document. Signed by Judge Kurt D. Engelhardt on 2/19/2013.(Reference: ALL CASES)(cbs) Modified on 2/19/2013 to edit document type (cbs).
April 17, 2013
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ORDER and REASONS re 26042 Motion for Court Approval and Adoption of the Special Master's Recommendations Concerning Allocation and Objection Procedure. IT IS ORDERED that the motion is hereby GRANTED, and the Special Master's Recommendations Concerning Allocations and Objection Procedure (Rec. Doc. 26042-1) are hereby APPROVED, as stated within document. Signed by Judge Kurt D. Engelhardt on 4/17/2013. (Reference: ALL CASES)(cbs) Modified on 4/17/2013 to edit document type (cbs).
May 2, 2013
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ORDER and REASONS - IT IS ORDERED that the Motion to Approve Allocation of Common Benefit Fees (Rec. Doc. 26043) is hereby GRANTED, and the percentage allocations proposed by the PSC in Rec. Doc. 26043 are hereby APPROVED. IT IS FURTHER ORDERED that the common benefit motions at Rec. Docs. 25928, 25929, 25932, and 25933 are hereby DENIED AS MOOT, as stated within document. Signed by Judge Kurt D. Engelhardt on 5/2/2013. (Reference: ALL CASES)(cbs)
June 12, 2013
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ORDER and REASONS - Local Rule 7.5 of the Eastern District of Louisiana requires that a memorandum in opposition to a motion be filed eight days prior to the noticed submission date. No memorandum in opposition to the following motion, noticed for submission on June 12, 2013, was filed: "PSC Motion of Dismissal Pursuant to SunnyBrook RV, Inc. Settlement" (Rec. Doc. 26049). Further, the Court finds that the motion has merit. Accordingly, IT IS ORDERED that the above motion is hereby GRANTED, as specified in a separate Order, which shall be issued forthwith, as stated within document. Signed by Judge Kurt D. Engelhardt on 6/12/2013.(Reference: All Cases)(cbs) Modified on 6/12/2013 to edit document type (cbs).
June 12, 2013
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ORDER and REASONS - Local Rule 7.5 of the Eastern District of Louisiana requires that a memorandum in opposition to a motion be filed eight days prior to the noticed submission date. No memorandum in opposition to the following motion, noticed for submission on June 12, 2013, was filed: "Motion to Dismiss With Prejudice Due to Settlement" (Rec. Doc. 26052). Further, the Court finds that the motion has merit. Accordingly, IT IS ORDERED that the above motion is hereby GRANTED, as specified in a separate Order, which shall be issued forthwith, as stated within document. Signed by Judge Kurt D. Engelhardt on 6/12/2013.(Reference: All Cases)(cbs) Modified on 6/12/2013 to edit document type (cbs).
August 7, 2013
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ORDER and REASONS granting 26092 MOTION for Court Approval of Special Master and CADA Fees and Expenses filed by Daniel J. Balhoff, as stated within document. Signed by Judge Kurt D. Engelhardt on 8/7/2013.(Reference: ALL CASES)(cbs) Modified on 8/7/2013 to edit document type (cbs).
August 9, 2013
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ORDER and REASONS re 26093 MOTION to Apply Order (Rec. Doc. 25900) Related to Deduction of Common Benefit Fees and Expenses from Non-Class Settlement Funds to Later Negotiated Non-Class Settlements filed by Plaintiffs' Liaison Counsel. IT IS ORDERED that the above motion is hereby GRANTED, as specified in a separate Order, which shall be issued forthwith, as stated within document. Signed by Judge Kurt D. Engelhardt on 8/7/2013.(Reference: ALL CASES)(cbs) Modified on 8/9/2013 to edit document type (cbs).
November 13, 2013
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ORDER and REASONS granting 26131 Motion to Adopt Special Master's Recommendations Concerning Distribution of Attorneys' Fees and Certain Costs, as stated within document. Signed by Judge Kurt D. Engelhardt on 11/13/2013. (Reference: ALL CASES)(cbs) Modified on 11/13/2013 to edit document type (cbs).
December 11, 2013
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ORDER and REASONS granting 26139 Motion for Court Approval of Administrative Expenses, as stated within document. Signed by Judge Kurt D. Engelhardt on 12/11/2013. (Reference: ALL CASES)(cbs) Modified on 12/11/2013 to edit document type (cbs).
January 22, 2014
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ORDER and REASONS granting 26143 Motion for Approval to Reimburse Shared and Held Costs, as stated within document. Signed by Judge Kurt D. Engelhardt on 1/22/2014. (Reference: ALL CASES)(cbs) Modified on 1/23/2014 to edit document type (cbs).
July 23, 2014
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ORDER and REASONS granting 26150 Motion for Court Approval of Supplemental Distribution Procedure. Signed by Judge Kurt D. Engelhardt on 7/23/2014. (Reference: ALL CASES)(cbs) Modified on 7/23/2014 to edit document type (cbs).