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12-727 - Bowers v. James Hardie Building Products, Inc.


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12-727 - Bowers v. James Hardie Building Products, Inc.
September 28, 2012
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STIPULATED PROTECTIVE ORDER 13.(Written Opinion). Signed by Chief Judge Michael J. Davis on 9/28/12. Associated Cases: 0:12-md-02359-MJD-LIB et al.(GRR)
October 1, 2012
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PRETRIAL ORDER NO. 1: CASE MANAGEMENT ORDER 10. (Written Opinion). Signed by Chief Judge Michael J. Davis on 10/1/12. Associated Cases: 0:12-md-02359-MJD-LIB et al.(GRR)
October 1, 2012
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PRETRIAL ORDER NO. 2. Appointing Retired Chief United States Magistrate Judge Jonathan Lebedoff as Special Master. (Written Opinion). Signed by Chief Judge Michael J. Davis on 10/1/12. (Attachments: # (1) Appendix)Associated Cases: 0:12-md-02359-MJD-LIB et al.(GRR)
October 3, 2012
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PRETRIAL ORDER NO. 3: Attorneys' fees and expenses. (Written Opinion). Signed by Chief Judge Michael J. Davis on 10/3/12. (Attachments: # (1) Appendix)Associated Cases: 0:12-md-02359-MJD-LIB et al.(GRR)
October 3, 2012
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PRETRIAL ORDER NO. 4: Amending Pretrial Order No. 2 to grant additional powers to Special Master Jonathan Lebedoff. (Written Opinion). Signed by Chief Judge Michael J. Davis on 10/3/12. Associated Cases: 0:12-md-02359-MJD-LIB et al.(GRR)
March 21, 2013
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ORDER. IT IS HEREBY ORDERED: Within seven days from the date of this Order, Plaintiffs shall submit a one page document explicitly stating whether or not they concede that Counts 2 and 3 are subject to dismissal and, if so, whether they concede dismissal as to all or only particular Plaintiffs.(Written Opinion). Signed by Chief Judge Michael J. Davis on 3/21/13. Associated Cases: 0:12-md-02359-MJD et al.(GRR)
July 15, 2013
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MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED:1.Defendant James Hardie Building Products Inc.'s Motion to Dismiss 36 is GRANTED IN PART and DENIED IN PART as follows: a.Claims of Brian Bethel (Ohio)1.Bethel Count 1: Express Warranty REMAINS.2.Bethel Count 2: Implied Warranty is DISMISSED. 3.Bethel Count 10: Ohio Product Liability Act is DISMISSED.4.Bethel Count 11: Ohio Consumer Sales Practices Act is DISMISSED with regard to the class allegations and REMAINS with regard to Bethels individual allegations. 5.Bethel Count 12: Ohio Deceptive Trade Practices Act is DISMISSED. b.Claims of Jonathan Bowers (Minnesota)1.Bowers Count 1: Express Warranty REMAINS. 2.Bowers Count 2: Implied Warranty REMAINS. 3.Bowers Count 3: Negligence is DISMISSED. 4.Bowers Counts 7 & 8: Minnesota Acts REMAIN. c.Claims of Mark Kostos, Richard Treece, and John Brown (Illinois)1.Kostos, Treece & Brown Count 1: Express Warranty REMAINS as to Brown and is DISMISSED as to Kostos and Treece. 2.Kostos, Treece & Brown Count 2: Implied Warranty is DISMISSED. 3.Kostos, Treece & Brown Count 3: Negligence is DISMISSED. 4.Kostos, Treece & Brown Count 9: Illinois Consumer Fraud Act is DISMISSED. d.Claims of Hugh Fenwick (Nevada)1.Fenwick Count 1: Express Warranty REMAINS. 2.Fenwick Count 2: Implied Warranty REMAINS. 3.Fenwick Count 3: Negligence is DISMISSED. e.Claims of Michael Swiencki (Georgia)1.Swiencki Count 1: Express Warranty REMAINS. 2.Swiencki Count 2: Implied Warranty is DISMISSED. 3.Swiencki Count 3: Negligence is DISMISSED. f.Claims of the Susan S. Buchanan Personal Residence Trust (Florida)1.Buchanan Trust Count 1: Express Warranty REMAINS. 2.Buchanan Trust Count 2: Implied Warranty is DISMISSED.3.Buchanan Trust Count 3: Negligence is DISMISSED. g.Claims of James Dillingham (California)1.Dillingham Count 1: Express Warranty REMAINS. 2.Dillingham Count 2: Implied Warranty is DISMISSED. 3.Dillingham Count 3: Negligence is DISMISSED. h.Claims of Masoud Kavianpour (Virginia)1.Kavianpour Count 1: Express Warranty REMAINS. 2.Kavianpour Count 2: Implied Warranty is DISMISSED. 3.Kavianpour Count 3: Negligence is DISMISSED. 4.Kavianpour Count 15: Florida Deceptive and Unfair Trade Practices Act is DISMISSED. 5.Kavianpour Counts 13 and 14: the Virginia Consumer Protection Act REMAIN. i.Claims by All Plaintiffs1.Count 4: Declaratory and Injunctive Relief REMAINS. 2.Count 5: California Unfair Competition Law REMAINS. 3.Count 6: California Consumers Legal Remedies Act is DISMISSED.2.Defendant's Motion for Leave to Cite Supplemental Authority in Support of Its Motion to Dismiss 49 is GRANTED. 3.Defendant's Second Motion for Leave to Cite Supplemental Authority in Support of Its Motion to Dismiss 55 is GRANTED. 4.Plaintiffs Heidi Picht and Jonathan Bowers' Motion for Leave to Cite Supplemental Authority in Opposition to Defendant's Motion to Dismiss 57 is GRANTED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 7/15/13. Associated Cases: 0:12-md-02359-MJD et al.(GRR)
September 16, 2013
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SPECIAL MASTER CASE MANAGEMENT ORDER NO. 2 - SCHEDULING. (Written Opinion). Signed by Jonathan Lebedoff, Special Master on 9/16/13. Associated Cases: 0:12-md-02359-MJD et al.(GRR)
January 28, 2014
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ORDER. IT IS HEREBY ORDERED: 1. Defendant James Hardie Building Products Inc.'s Amended Objection to Special Master Case Management Order No. 3 96 is OVERRULED and Special Master Case Management Order No. 3 84 is AFFIRMED. 2. Defendant James Hardie Building Products Inc.'s Amended Objection to Special Master Case Management Order No. 4 97 is OVERRULED and Special Master Case Management Order No. 4 85 is AFFIRMED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 1/28/14. Associated Cases: 0:12-md-02359-MJD et al.(GRR)
August 18, 2015
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ORDER AMENDING CASE MANAGEMENT ORDER NO. 5. Signed by Special Master Jonathan Lebedoff on 8/18/15. Associated Cases: 0:12-md-02359-MJD et al.(GRR)
August 21, 2015
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ORDER in case 0:11-cv-00958-MJD; granting 165 Motion to Compel in case 0:12-md-02359-MJD. Signed by Special Master Jonathan G. Lebedoff on 8/20/15. Associated Cases: 0:12-md-02359-MJD et al.(GRR)
December 20, 2017
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ORDER. IT IS HEREBY ORDERED: 1. Plaintiffs' Motion to Strike Defendant James Hardie Building Products Inc.'s Notice of Supplemental Authority 289 is DENIED. 2. Defendant's Motion for Leave to Cite Supplemental Authority in Support of Brief in Opposition to Plaintiffs' Motion for Class Certification 299 is GRANTED. 3. Plaintiffs' Motion for Leave to Cite Supplemental Authority in Support of Motion for Class Certification 301 is GRANTED. 4. Plaintiffs' Motion for Leave to Cite Supplemental Authority in Support of Plaintiffs Motion for Class Certification 424 is GRANTED. 5. Plaintiffs' Motion for Leave to File Notice of Supplemental Authority in Support of Plaintiffs' Motion for Class Certification 432 is GRANTED. 6. Defendant's Motion for Leave to Cite Supplemental Authority 442 is GRANTED. 7. Defendant's Motion for Leave to Cite Supplemental Authority 447 is GRANTED. 8. Plaintiffs' Motion for Leave to Cite Supplemental Authority 453 is GRANTED. 9. Defendant's Motion for Leave to Cite Supplemental Authority 459 is GRANTED. 10. Plaintiffs' Motion for Leave to Cite Supplemental Authority in Support of Motion for Class Certification 464 is GRANTED. 11. Plaintiffs' Motion to Strike Improperly Filed Material or, in the Alternative for Leave to File a Reply Brief 476 is DENIED. 12. Defendant's Motion for Leave to Cite Supplemental Authority 479 is GRANTED. (Written Opinion)l Signed by Judge Michael J. Davis on 12/20/17. Associated Cases: 0:12-md-02359-MJD-LIB et al.(GRR)
January 2, 2018
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MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Plaintiffs' Motion for Class Certification 229 is DENIED. 2. Defendant's Motion to Exclude Plaintiffs' Experts' Testimony 244 is GRANTED. (Written Opinion) Signed by Judge Michael J. Davis on 1/2/18. Associated Cases: 0:12-md-02359-MJD-LIB et al.(GRR)
January 2, 2018
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MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: Defendant's Motion for Summary Judgment (Bowers) [MDL Docket No. 337] 36 is GRANTED and Plaintiff Bowers' claims are DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion) Signed by Judge Michael J. Davis on 1/2/18. (GRR)