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09-2047 - In Re: Chinese-Manufactured Drywall Products Liability Litigation


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09-2047 - In Re: Chinese-Manufactured Drywall Products Liability Litigation
March 15, 2010
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ORDER & REASONS denying 1653 Plaintiffs' Motion to Preclude Specific Aspects of the testimony of Knauf's Experts on the Impact of Corrosion on the Scope of Remediation ; denying 1654 Knauf's Motion in Limine to Exclude Testimony that Chinese Drywall Emissions or Odors are Harmful to, or Otherwise Impact, Health, are Toxic or Noxious; granting in part and denying in part 1655 Knauf's Motion in Limine to Exclude Reports and Testimony of John Scully, Ph.D.; denying 1658 Knauf's Motion in Limine to Bar David Maloney from Testifying About his Observations or Opinions with Respect to Purported Damage to Plaintiffs Personal Property; denying 1659 Knauf's Motion in Limine to Exclude Dr. Lori Streits Testimony Because it Relates Solely to Liability and is Cumulative; denying as moot 1660 Knauf's Motion to Exclude the Report and Testimony of Kenneth Acks; denying as Moot 1684 Motion for Partial Summary Judgment. Signed by Judge Eldon E. Fallon on 3/15/10. (Reference: 09-6050)(ala, )
April 8, 2010
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - the Court finds that scientific, economic, and practicality concerns dictate that the proper remediation for the Plaintiff-intervenors is to remove all drywall in their homes, all items which have suffered corrosion as a result of the Chinese drywall, and all items which will be materially damaged in the process of removal. Accordingly, the Court further finds that the Plaintiff-intervenors are entitled to recover damages as set forth in document. Signed by Judge Eldon E. Fallon on 4/8/10.(Reference: 09-6687)(dno, )
April 27, 2010
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - In summary, the Plaintiffs have suffered damages in the following amounts: (1) Remediation: $136,940.46 (2) Personal property: $5,357.33 (3) Recurring Alternative Living Expenses: $9,507.24 (4) Non-recurring Alternative Living Expenses: $9,562.00 (5) Pretrial Repair Costs: $2,682.29 (6) Post-trial Repair Costs: $1,500.00. The Hernandez's damages are to be reduced by $1,499.68 for their property tax reduction. The Court finds Plaintiffs are entitled to recover these damages. Thus, the Court awards damages to the Plaintiffs in the amount of $164,049.64, plus reasonable attorneys' fees, the costs of these proceedings, and legal interest from judicial demand until paid. The Court will hold a hearing to determine the amount of reasonable attorneys' fees at a future date. Signed by Judge Eldon E. Fallon on 4/27/10. (Reference: 09-6050) (dno, )
September 9, 2010
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ORDERED that the Plaintiffs Owners Insurance Co. and Auto-Owners Insurance Co.'s 4588 Motion for Suggestion of Remand is GRANTED and the present action is recommended for remand to the Northern District of Georgia. Signed by Judge Eldon E. Fallon on 9/9/10. (Reference: 10-1036)(dno, ) (Original Main Document was incorrect and was replaced on 9/10/2010, NEF sent to all attorneys) (dno, ).
November 10, 2010
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ORDERED that the Plaintiffs' Steering Committee and Lowe's Home Centers, Inc.'s 6339 Motion for Entry of Agreed Stay Order is GRANTED, and the Agreed Stay Order attached as Exhibit 1 to this Order, is ENTERED into the record of these centralized proceedings. Court also DENIES the PSC's 5011 Motion to Enjoin Conflicting State Court Proceedings in Muscogee County Georgia as Moot; DENIES the PSC's 5012 Rule to Show Cause and DENIES Lowe's 5066 Motion to Stay as moot. Signed by Judge Eldon E. Fallon on 11/9/10. (Reference: All Cases)(dno, )
December 16, 2010
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) Federal Insurance Company's Rule 12(b)(6) Motion to Dismiss 4459;(5) Property & Casualty Insurance Company of Hartford's Motion for Judgment on the Pleadings 4494; (6) Homesite Insurance Company's Rule 12(b)(6) Motion to Dismiss 4464; (7) The Standard Fire Insurance Company's Rule 12(b)(6) Motion to Dismiss 4467; (8) State Farm Fire & Casualty Company and State Farm General Insurance Company's Rule 12(b)(6) Motion to Dismiss 4503; (9) USAA Casualty Insurance ORDER & REASONS that (1) Allstate Insurance Company's Motion to Dismiss 4472; (2) ASI Lloyds' Rule 12(c) Motion for Judgment on the Pleadings 4462; (3) Auto Club Family Insurance Company's Rule 12(b)(6) Motion to Dismiss 4651; (4Company's Motion to Dismiss 4515; (10) USAA's Motion to Dismiss 3251 are GRANTED. Signed by Judge Eldon E. Fallon on 12/16/10.(Reference: 09-6072, 09-7393, 10-688, 10-792, 10-929, 10-930, 10-931, 10-1420, 10-1693, 10-1828) (dno, )
February 9, 2011
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ORDER & REASONS - MCC's Motion to Dismiss in Pate, Case No. 09-7791 2156; Motion to Dismiss in Centerline, Case No. 10-178 2282; and Motion to Dismiss in Northstar, Case No. 10-384 2843, are DENIED insofar as the personal jurisdiction challenges raised therein; FCCI's Motion to Dismiss in Pate, Case No. 09-7791 2147 is DENIED insofar as the personal jurisdiction challenge raised therein; Owners' Motion to Dismiss in Pate, Case No. 09-7791 3302 is GRANTED; and NGM's Motion to Dismiss in Pate, Case No. 09-7791 3174 is GRANTED. Signed by Judge Eldon E. Fallon on 2/8/11. (Reference: 09-7791, 10-178 and 10-384)(dno, )
February 9, 2011
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ORDER & REASONS - American Guarantee & Liability Insurance Co.'s 2641 Motion to Dismiss for Failure to Join Necessary and Indispensable Parties; Amerisure Mutual Insurance Co. and Amerisure Insurance Co.'s Motion to Dismiss First Amended Complaint for Failure to Join Requested Parties 2174; Chartis Specialty Insurance Co.'s Motion to Dismiss Complaint for Failure to Join a Requested Party 2567; FCCI Commercial Insurance Co. and FCCI Insurance Co.'s Motion to Dismiss Plaintiff's First Amended Complaint for Failure to Join Indispensable Parties 2148; Landmark American Insurance Co.'s Motion to Dismiss 2150; Mid-Continent Casualty Companys Motion to Dismiss 2156; MCC's Motion to Dismiss 2282; MCC's Motion to Dismiss 2843; National Union Insurance Co. of Pittsburgh's Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(7) for Failure to Join a Party Under Rule 19 2155 and NGM Insurance Co.'s Motion to Dismiss are DENIED insofar as the Rule 12(b)(7) challenges raised herein. Signed by Judge Eldon E. Fallon on 2/8/11. (Reference: 09-7791, 10-178 and 10-384)(dno, )
June 9, 2011
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ORDER & REASONS that Southern Homes, LLC, Tallow Creek, LLC, and Springhill, LLC's 8848 Motion for Partial New Trial Regarding Stay Issued in the Preliminary Approval Order, or, in the Alternative, Motion to Alter or Amend the Order is DENIED. Signed by Judge Eldon E. Fallon on 6/9/11. (Reference: 10-361, 09-7628, 09-8034, 09-8030, 09-6690, 10-362, 10-932, 11-80 and 11-252)(dno, )
June 14, 2011
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ORDER & REASONS that FCCi Commercial Company and FCCI Insurance Company's 8960 Motion to Alter or Amend the Court's Order Denying FCCI's Motion to Dismiss for Lack of Personal Jurisdiction is DENIED. Signed by Judge Eldon E. Fallon on 6/13/11. (Reference: 09-7791)(dno, )
July 18, 2011
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ORDER granting 8336 Motion to Dismiss for Lack of Jurisdiction by the Auto-Owners Entities. The Court hereby adopts its Order and Reasons of February 9, 2011 7356 as if it were issued in this case.Signed by Judge Eldon E. Fallon on 7/15/11. (Reference: 10-932)(ala, )
July 25, 2011
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ORDER granting 8364 Motion to Dismiss Old Dominion Insurance Company with prejudice in case 10-932. Signed by Judge Eldon E. Fallon on 7/25/11. (Reference: 10-932)(ala, )
November 10, 2011
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ORDER and REASONS denying 10799 Motion for Reconsideration. Signed by Judge Eldon E. Fallon on 11/9/2011. (Reference: ALL CASES)(cms, )
September 4, 2012
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ORDER & REASONS that Taishan Gypsum Co. Ltd's Renewed Motion to Vacate the Default Judgment and Dismiss the Complaint in Germano v. Taishan Gypsum Co., Ltd., Case No. 09-6687 13490; (2) TG's Renewed Motion Pursuant to Rules 55(c) and 12(b)(2) to Vacate the Entry of Default and Dismiss This Action in The Mitchell Co., Inc. v. Knauf Gips KG, Case No. 09-4115 13566; (3) TG and Taian Taishan Plasterboard Co. Ltd.'s ("TTP")(collectively "Taishan" or "Taishan Entities") Motion Pursuant to Rule 12(b)(2) to Dismiss the Complaint in Gross v. Knauf Gips KG, Case No. 09-6690 13590; and (4) TG and TTP's Motion Pursuant to Rule 12(b)(2) to Dismiss the Complaint in Wiltz v. Beijing New Building Materials Public Ltd., Co., Case No. 10-361 13591 ARE DENIED. Signed by Judge Eldon E. Fallon on 9/4/12. (Reference: 09-6687, 09-4115, 09-6690 and 10-361) (dno, )
October 16, 2012
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**VACATED PER DOCUMENT 17777** ORDER & REASONS that Taishan Gypsum Co. Ltd.'s Motion 15812 pursuant to 28 USC 1292(b) to Certify the Court's Order & Reasons for Interlocutory Appeal and Stay Further Proceedings Pending the Appeal and TG and Tai'an Taishan Plasterboard Co., Ltd.'s Motion 15813 Pursuant to 28 USC1292(b) to Certify the Court's Order & Reasons for Interlocutory Appeal and Stay Further Proceedings Pending the Appeal are GRANTED. FURTHER ORDERED that all proceedings against Taishan Gypsum Co. Ltd. ("TG") and Tai'an Taishan Plasterboard Co., Ltd. ("TTP") be and are hereby STAYED during the pendency of this appeal and until further ordered by the Court. Signed by Judge Eldon E. Fallon on 10/16/12. (Reference: 09-6687, 09-4115, 09-6690, 10-361)(dno, ) (CC: 5th Circuit) Modified on 6/24/2014 (jtd).
November 21, 2012
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ORDER & REASONS that North River's 16074 Motion in Limine Concerning Standard for Good Faith Seller's Knowledge is DENIED; INEX'S 16077 First Motion in Limine Regarding the Standard in Redhibition is DENIED; North River's Second 16075 Motion in Limine is GRANTED IN PART AND DENIED IN PART and INEX's Second 16084 Motion in Limine Regarding Irrelevant and/or Prejudicial Evidence is GRANTED IN PART AND DENIED IN PART. Signed by Judge Eldon E. Fallon on 11/21/12. (Reference: Cases Set for Trial Involving Interior/Exterior and North River) (dno, )
November 21, 2012
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ORDER granting in part and denying in part 16270 Motion to Strike as stated herein. Signed by Judge Eldon E. Fallon on 11/21/12. (Reference: all cases)(ala, )
February 7, 2013
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DOCUMENT. Signed by Judge Eldon E. Fallon on 2/7/13. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4) (Reference: 09-7628, 10-361, 09-6690, 10-362, 11-252, 11-1363, 11-2349, 11-3023, 09-4117, 09-8030, 09-8034, 10-932, 11-80, 10-3070, 11-1077)(dno, ) (Attachment 1 replaced on 2/7/2013) (dno, ).4) the Knauf Defendants (the "Knauf Settlement); and (5) more than 700 additional Participating Builders, Suppliers, and Installers ("Participating Defendants"), and their Participating Insurers ("Participating Insurers") (together the "Global Settlement") is GRANTED. IT IS FURTHER ORDERED that the Consent Motion to Withdraw Objections filed by attorney Christopher A. Bandas on behalf of Ronnie Garcia, Jan Petrus, Saul Soto, and Ernest Vitela 16357 is hereby GRANTED IN PART insofar as to allow the withdrawal of the objections therein and TAKEN UNDER SUBMISSION IN PART insofar as other relief requested therein shall be addressed in a separate Order and Reasons. IT IS FURTHER ORDERED AS SET FORTH IN ORDER & REASONS that the 15764 Plaintiffs Steering Committee and Settlement Class Counsel's Motion for certification of five settlement classes and final approval of the class settlements with (1) Interior Exterior Building Supply, LP ("InEx") and its insurers (the "InEx Settlement"); (2) the Banner entities and their insurers (the "Banner Settlement"); (3) L&W Supply Corporation ("L&W") and USG Corporation (the "L&W Settlement"); (
August 14, 2014
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ORDER - Before the Court is an appeal from the Special Master's judgment in the drywall litigation involving a dispute between petitioner homeowners William Ritter and his family 17739. For the foregoing reasons, this Court upholds the Special Master's judgment and decree, and IT IS THEREFORE ORDERED that Knauf pay William Ritter the sum of $130,567.50 Signed by Judge Eldon E. Fallon on 8/14/14. (Reference: 09-7628) (dno)
August 19, 2014
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ORDER & REASONS that the Motion to Reconsider Plaintiffs VIT and Thomleys' Late-Filed Claims 17929 is GRANTED. IT IS FURTHER ORDERED that Plaintiffs VIT and Thomleys are permitted to submit late claims; IT IS FURTHER ORDERED Defendant Sixty Fifth and One's Motion to enforce injunction 17897 is DENIED. IT IS FURTHER ORDERED that the Court's prior opinion 17867, insofar as as it relates to Banner Supply Company Pompano LLC's Motion to enforce the injunction 17744, is VACATED and Banner's Motion is hereby DENIED. Signed by Judge Eldon E. Fallon on 8/18/14. (Reference: All Cases) (dno)
September 26, 2014
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FINDINGS OF FACT AND CONCLUSIONS OF LAW with respect to Plaintiffs' Omnibus Motion for Class Certification Pursuant to Rules 23(a)(1)-(4) and 23(b)(3). Signed by Judge Eldon E. Fallon on 9/26/14. (Attachments: # (1) Legal Notice)(Reference: 09-6687, 09-6690, 10-361, 11-1672, 11-1395, 11-1673)(dno)
November 4, 2014
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ORDER & REASONS that the 17981 Motion for Reconsideration of the Court's August 18, 2014 order which had denied a state-court injunction for the "stigma" claims of Plaintiff Ralph Mangiarelli, is DENIED. Signed by Judge Eldon E. Fallon on 11/4/14. (Reference: All Cases)(dno)
December 12, 2014
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mber 23, 2014. Signed by Judge Eldon E. Fallon on 12/11/14. (Reference: All Cases) (dno)ORDER & REASONS that the 18060 Sealed Document Mo0tion to compel document production is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that counsel have until December 29, 2014 to further respond regarding the Privilege Log Items that are bolded in Part III.C of this order. The Court will consider any further response before ordering that these Items be disclosed to the PSC. Counsel for Taishan shall contact Chambers to coordinate pick-up for the Privilege Log Binders by Dece
April 20, 2015
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ORDER & REASONS awarding disbursement of the Germano Intervenors' Judgment as set forth in document. Signed by Judge Eldon E. Fallon on 4/20/15.(Reference: 09-6687)(plh) Modified doc type on 4/20/2015 (plh).
May 5, 2015
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ORDER & REASONS that the Plaintiffs' Steering Committee's 18530 Motion to Strike Hogan Lovells' designation of documents as highly confidential is DENIED. Signed by Judge Eldon E. Fallon on 5/4/15. (Reference: All Cases)(dno)
May 14, 2015
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ORDER & REASONS that Taishan's 18914 Motion for Leave to File a reply is GRANTED. IT IS FURTHER ORDERED that Taishan's 18882 Motion to Exclude to exclude and strike is DENIED. Signed by Judge Eldon E. Fallon on 5/14/15. (Reference: All Cases)(dno)
June 2, 2015
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ORDER AND REASONS denying 18576 MOTION for Recalculation of Remediation Costs. Signed by Judge Eldon E. Fallon on 5/29/2015.(Reference: 11-1363)(blg)
June 2, 2015
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ORDER AND REASONS denying 18737 MOTION for Reconsideration of the Court's Order Denying Plaintiffs' Motion to Submit Late Filed Claim. Signed by Judge Eldon E. Fallon on 6/1/2015.(Reference: ALL CASES)(blg)
June 5, 2015
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ORDER & REASONS that the PSC's motion in limine, 19062, and BNBM's motion in limine, 19017, are GRANTED IN PART AND DENIED IN PART, as explained herein. IT IS FURTHER ORDERED that Taishan's motion in limine, 19091, is DENIED. Signed by Judge Eldon E. Fallon on 6/5/15. (Reference: All Cases)(dno)
July 15, 2015
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ORDER & REASONS that JP Morgan's 19028 Motion to Quash DENIED. IT IS FURTHER ORDERED that the PSC is entitled to documents regarding JP Morgan's and/or its subsidiaries' relationships and financial transactions with the Defendants and their subsidiaries and affiliates. IT IS FURTHER ORDERED that JP Morgan and/or its subsidiaries need only produce to the PSC that which is (i) within their possession, custody, or control and (ii) relates to the contempt period, which spans from July 17, 2014 through March 25, 2015. Finally, IT IS FURTHER ORDERED that JP Morgan produce a 30(b)(6) witness who can testify to the aforementioned matters. Signed by Judge Eldon E. Fallon on 7/15/15. (Reference: All Cases) (dno)
July 22, 2015
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ORDER & REASONS: IT IS ORDERED that the PSC be permitted to conduct additional limited discovery on the issue of jurisdictional immunity under FSIA. In order to give the parties sufficient time to conduct any necessary additional discovery, IT IS FURTHER ORDERED that CNBM Groups Motion to Dismiss for Lack of Subject Matter Jurisdiction 19179 is set to be heard on the date of the December Chinese Drywall monthly status conference. Accordingly, IT IS FURTHER ORDERED that the Parties conduct and complete any additional discovery on the issue of jurisdictional immunity under FSIA prior to the December hearing date. Signed by Judge Eldon E. Fallon on 7/22/15. (Reference: All Cases)(dno)
August 3, 2015
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ORDER & REASONS that Taishan Gypsum Co., Ltd. and Tai'an Taishan Plasterboard Co., Ltd.'s 19191 Motion to Exclude the Plaintiffs' Class Spreadsheet is DENIED. Signed by Judge Eldon E. Fallon on 8/3/15. (Reference: All Cases)(dno)
August 7, 2015
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ORDER & REASONS that the various Objections to Special Master's Report 18995, 19063 and 19258 are DENIED. IT IS FURTHER ORDERED that Plaintiffs' Liaison Counsel ensure that the pro se Plaintiffs whose claims have decided herein receive a copy of this Order. Signed by Judge Eldon E. Fallon on 8/7/15. (Reference: All Cases)(dno)
August 17, 2015
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ORDER & REASONS that the CNBM Entities, joined by the BNBM Entities' 19271 19294 and and (ii) China National Building Material Investment Co. Ltd. ("CNBMI"), BNK International, LLC ("BNK"), and Jeffrey J. Chang's ("Chang") (collectively, the "Texas Litigants") Joint Request for Direction regarding the July 17, 2014 Order 19311. IT IS ORDERED that the Motion to Vacate the Contempt Order is DENIED. IT IS FURTHER ORDERED that the issues of (i) whether CNBMI is an affiliate or subsidiary of Taishan and (ii) whether CNBMI's Texas Lawsuit constitutes conducting business in the United States in violation of the Contempt Order be deferred until the relevant discovery and any necessary evidentiary hearing is completed. Signed by Judge Eldon E. Fallon on 8/17/15. (Reference: All Cases) (dno)
October 16, 2015
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ORDER & REASONS regarding CNBM Group's 19542 Motion for Reconsideration of the Court's Minute Entry Resetting the Briefing Schedule on its FSIA Motion 19526. IT IS ORDERED that the final paragraph of the September 17, 2015 Minute Entry 19526 is VACATED. IT IS FURTHER ORDERED that the previously agreed-upon scheduling order 19403 is REINSTATED and any opposition memoranda to CNBM Group's FSIA defense is due on or before October 27, 2015 and any reply memoranda is due on or before November 24, 2015 unless the PSC notifies defense counsel before October 27, 2015 that they require an extra day or two to complete their memoranda. IT IS FURTHER ORDERED that, if relevant information is disclosed at the spoliation hearing which bears on the exceptions to FSIA, the PSC is permitted to file a supplemental brief to its opposition on or before November 20, 2015 to which CNBM Group is permitted to reply on or before December 3, 2015. Signed by Judge Eldon E. Fallon on 10/14/15. (Reference: All Cases) (dno)
November 12, 2015
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ORDER & REASONS that the 19599 Motion to Compel Document Production is GRANTED IN PART and DENIED IN PART. Notably, for each email referred to in document, the privileged parts may be redacted but the information contained in the privilege log i.e., the sender, recipient, subject heading, etc., must also be produced in addition to the portions delineated in the chart listed in document. Signed by Judge Eldon E. Fallon on 11/10/15.(Reference: All Cases)(dno)
November 18, 2015
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ORDER & REASONS regarding the Objections by Plaintiffs Samuel Perone and Rose Brandolino to the Special Master's Determination Denying their Global, Banner, In-Ex Repair and Relocation Expenses Claim 19345, 19360. Signed by Judge Eldon E. Fallon on 11/18/15. (Reference: All Cases)(dno)
December 17, 2015
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FINDINGS OF FACT AND CONCLUSIONS OF LAW regarding the remediation issue and evidentiary hearing held 12/16/15 as to Rebecca Hohne. Signed by Judge Eldon E. Fallon on 12/16/15.(Reference: Rebecca Hohne)(dno)
January 8, 2016
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FINDINGS OF FACT AND CONCLUSIONS OF LAW that Taishan's Motion to Quash Plaintiffs' Subpoena for Production of Items Related to Peng Wenlong 19733 and Taishan's Motion to Exclude Plaintiffs Proposed Exhibits and Irrelevant Depositions Designations for the November 17, 2015 Hearing 19731 are DISMISSED AS MOot. Signed by Judge Eldon E. Fallon on 1/8/16.(Reference: All Cases)(dno)
January 21, 2016
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FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING DECEMBER 7, 2015 OCEANIQUE EVIDENTIARY HEARING. Signed by Judge Eldon E. Fallon on 1/20/16.(Reference: all cases)(jrc)
February 1, 2016
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ORDER & REASONS re 19786 Objections. ORDERED that the Special Masters Opinion and Decree correctly founded as stated herein. FURTHER ORDERED that the Special Masters Opinion and Decree is AFFIRMED. Signed by Judge Eldon E. Fallon.(Reference: All Cases)(cml)
May 11, 2016
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ORDER & REASONS denying 20208 Motion for a New Trial, understood as a Motion for Reconsideration. Signed by Judge Eldon E. Fallon. (Reference: All Cases)(cml)
November 18, 2016
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ORDER AND REASONS denying 20340 20341 Motions for Fees Outside the MDL. Signed by Judge Eldon E. Fallon on 11/17/2016. (Reference: ALL CASES)(cms)
April 21, 2017
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ORDER & REASONS that the CNBM Entities' 19527 Motion to Dismiss Motion is GRANTED IN PART and DENIED IN PART. It is GRANTED with respect to CNBMIT Co. Ltd., CNBM USA Corp., and United Suntech Craft, Inc., as the evidence does not support jurisdiction over these entities. It is also GRANTED with respect to Plaintiffs' claims against CNBM in Florida and Virginia, as CNBM does not have an agency or alter ego relationship with Taishan under Florida or Virginia law. However, the motion is DENIED with respect to Plaintiffs' claims against CNBM under Louisiana law, as the Court finds the evidence demonstrates CNBM was part of a single business enterprise with Taishan. FURTHER ORDERED that BNBM Group's 19664 Motion to Dismiss is GRANTED with respect to Plaintiffs' claims against BNBM Group under Florida and Virginia law, as BNBM Group does not have an agency or alter ego relationship with Taishan under the laws of those states. However, it is DENIED with respect to Plaintiffs' claims against BNBM Group under Louisiana law, as the Court finds the evidence demonstrates BNBM Group was part of a single business enterprise with Taishan under Louisiana law. As such, Taishan's contacts in Louisiana are imputed to BNBM Group.FURTHER ORDERED that BNBM's 19646 Motion to Dismiss Complaints Pursuant to Rules 12(b)(2) and 12(b)(5)is DENIED. FURTHER ORDERED that the BNBM Entities' denying 19663 Motion to Dismiss the State of Louisiana's Second Amended and Restated Petition Pursuant to Rule 12(b)(2), Rule 12(b)(5) and Rule 12(b)(6) is DENIED. FURTHER ORDERED that CNBM USA Corp.'s 2346 Motion to Dismiss is DISMISSED AS MOOT. Signed by Judge Eldon E. Fallon on 4/21/2017. (Reference: ALL CASES)(cms)
April 21, 2017
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Related to the June 9, 2015 Damages Hearing. Signed by Judge Eldon E. Fallon on 4/21/2017.(Reference: ALL CASES)(cms)
May 25, 2017
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ORDER AND REASONS Primary Counsel's Motion to Disqualify the Fee Committee, Strike Its Allocation Recommendation, and Stay or Dismiss Proceedings Before the Special Master and Request for Expedited Consideration,20735, is DENIED. Signed by Judge Eldon E. Fallon on 5/24/17. (Reference: All Cases)(dno)
August 25, 2017
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ORDER AND REASONS: IT IS ORDERED that Plaintiffs' 20300 Objection and Motion for Reconsideration is hereby DENIED. Signed by Judge Eldon E. Fallon on 8/24/2017. (Reference: All Cases)(mmv)
November 6, 2017
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ORDER AND REASONS that Claimants Daniel and Amy Carter's 20951 Motion for Reconsideration is hereby DENIED WITH PREJUDICE. Signed by Judge Eldon E. Fallon on 11/6/2017. (Reference: Daniel and Amy Carter) (cms)
November 30, 2017
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ORDER & REASONS that Defendants' 20882 Motion to Dismiss for Lack of Jurisdiction is DENIED. Signed by Judge Eldon E. Fallon on 11/28/17. (Reference: All Cases)(dno)
January 2, 2018
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1) (cms)ORDER AND REASONS that Defendants CNBM Company, BNBM Group, and BNBM PLC's 21050 Motion to Vacate the Court's default judgments is hereby DENIED. Signed by Judge Eldon E. Fallon on 1/2/2018. (Reference: 09-6690, 11-1395, 11-1673, 10-36
February 9, 2018
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ORDER AND REASONS that Interior Exterior Building Supply's 20891 Motion for Permanent Injunction is hereby GRANTED. The Burns and Livers are hereby ENJOINED from pursuing claims against third-party defendant, Interior Exterior Building Supply, L.P., in Burns v. Livers Construction and Firemans Fund Insurance Company, Case No. 16-4002, in the Civil District Court of the Parish of Orleans, State of Louisiana. IT IS FURTHER ORDERED that Livers request for injunctive relief is hereby DENIED. Signed by Judge Eldon E. Fallon on 2/8/2018. (Reference: 09md2047)(cms)
April 12, 2018
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ORDER & REASONS that Livers Construction Company's 21189 Motion for Reconsideration is DENIED. Signed by Judge Eldon E. Fallon on 4/12/18. (Reference: Winston Burns, Jr. and Wendy Burns)(dno)
April 13, 2018
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ORDER & REASONS that Claimant Patricia Harvey's 20858 Objections to the Special Master Award is DENIED. Signed by Judge Eldon E. Fallon on 4/12/18.(Reference: Patricia Harvey)(dno)
May 3, 2018
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on 5/3/18.(Reference: All Cases)(dno)ORDER regarding Plaintiffs' 21280 MOTION to Redress Improper Confidentiality Designations and Enforce Order Requiring Manual Translations of Chinese Documents in Recognition of the Suggestion of Remand of the Florida Amorin Plaintiffs . IT IS ORDERED that the parties shall meet and confer regarding the translation issues within 30 days. During this period, Taishan's proposed translation plan is temporarily adopted as set forth in document. Signed by Judge Eldon E. Fallon
May 7, 2018
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ORDER AND REASONS the 21212 21216 21240 motions for interlocutory appeal, final judgment, and interim disbursement are hereby DENIED. Signed by Judge Eldon E. Fallon on 5/7/2018. (Reference: ALL CASES)(cms)