Case 2:09-md EEF-JCW Document Filed 03/05/12 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Similar documents
Case 2:09-md EEF-JCW Document Filed 12/11/12 Page 1 of 83 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA : : : : :

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

IN RE: OIL SPILL BY THE OIL RIG MDL NO DEEPWATER HORIZON IN THE GULF OF MEXICO ON APRIL 20, 2010 SECTION J

Case 2:14-md EEF-MBN Document 8717 Filed 02/27/18 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 2:14-md EEF-MBN Document 3755 Filed 08/02/16 Page 1 of 15 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 2:14-md EEF-MBN Document 2351 Filed 02/19/16 Page 1 of 12 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 1:08-cv BMC-PK Document Filed 02/29/16 Page 1 of 5 PageID #: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Case 2:03-cv RCJ-PAL Document 2907 Filed 06/05/17 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 2:14-md EEF-MBN Document 212 Filed 02/24/15 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 2:13-md MMB Document 185 Filed 03/16/15 Page 1 of 9

Notice and and The response deadline is September 22, effect not

Case 2:10-md CJB-JCW Document Filed 02/15/17 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 2:03-cv RCJ-PAL Document 2795 Filed 02/09/17 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Case 2:13-md MMB Document 277 Filed 08/20/15 Page 1 of 10

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. ORDER This matter came before the Court on the Plaintiffs Motion for Modification of

NOTICE OF PROPOSED SETTLEMENT OF DIRECT PURCHASER CLASS ACTION WITH TIN INC., USG CORPORATION AND UNITED STATES GYPSUM COMPANY

Case 2:03-cv EEF-KWR Document 132 Filed 05/30/2008 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 2:17-cv JS Document 59 Filed 05/10/18 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 1:11-md SM Document 242 Filed 01/02/19 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE (ALL CASES)

Case 2:17-cv EEF-JVM Document 20 Filed 03/01/18 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO.

Case 3:07-cv JST Document 5040 Filed 11/16/16 Page 1 of 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA. FAIRNESS HEARING: RULE 23(e) FINDINGS

Case 2:14-md EEF-MBN Document 6232 Filed 04/17/17 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 1:15-cv YK Document 84 Filed 05/31/18 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Case: 4:16-cv ERW Doc. #: 95 Filed: 12/15/17 Page: 1 of 10 PageID #: 734

Case 5:08-cv EJD Document Filed 02/23/17 Page 1 of 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO ORDER AND REASONS ON MOTION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

Case: 4:16-cv JAR Doc. #: 97 Filed: 12/13/18 Page: 1 of 10 PageID #: 2279

Case 2:09-md EEF-JCW Document Filed 06/07/16 Page 1 of 65 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case: 4:14-md RWS Doc. #: 164 Filed: 12/18/15 Page: 1 of 8 PageID #: 1284

Case 1:12-md WGY Document 1540 Filed 06/16/15 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Fourth Court of Appeals San Antonio, Texas

\ 'C,_ \) ~THE COURT OF COMMON PLEAS

Case 3:17-cv JAG Document 41 Filed 02/21/18 Page 1 of 8 PageID# 258

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. CASE NO. 8:17-cv-118-T-23JSS ORDER

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI WESTERN DIVISION AMENDED ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT

Case 2:12-cv EEF-SS Document 47 Filed 02/28/13 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI, AT INDEPENDENCE

Case ARE/4:13-cv Document 33 Filed 07/18/13 Page 1 of 10 BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION

Case 8:13-cv VMC-MAP Document 91 Filed 02/09/15 Page 1 of 11 PageID 2201 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case: 1:12-cv Document #: 576 Filed: 07/06/17 Page 1 of 15 PageID #:22601

Case 2:17-cv GAM Document 56 Filed 03/23/18 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

Notice of Pendency and Proposed Settlement of Class Action

Case 2:16-cv JMA-SIL Document 5 Filed 12/27/16 Page 1 of 2 PageID #: 88 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

U.S. District Court U.S. District Court for the Northern District of Oklahoma (Tulsa) CIVIL DOCKET FOR CASE #: 4:10-cv TCK -PJC

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ORDER

Case 3:15-cv RBL Document 214 Filed 05/16/18 Page 1 of 8

Case 2:13-md MMB Document 279 Filed 08/20/15 Page 1 of 10

Case 1:14-md JMF Document 3703 Filed 02/17/17 Page 1 of 5

which shall govern any matters not specifically addressed in these rules.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA CHICAGO BRIDGE & IRON COMPANY N.V., ET AL VERSUS NO

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

Case 1:17-cv Document 2-1 Filed 12/21/17 Page 1 of 33

Case 1:12-cv DLC-MHD Document 540 Filed 08/01/14 Page 1 of 9. Plaintiffs, Defendants.

USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: //y/20/0

Case 1:14-cv VEC Document 259 Filed 01/24/17 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

Case CSS Doc 2032 Filed 01/03/18 Page 1 of 9 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Judge:

Case 2:13-md MMB Document 427 Filed 07/18/16 Page 1 of 9

Case 1:15-cv ELR Document 60 Filed 09/08/16 Page 1 of 21

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

2:12-cv MOB-MKM Doc # 500 Filed 08/25/17 Pg 1 of 6 Pg ID 15227

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Case: 4:14-cv ERW Doc. #: 74 Filed: 07/13/15 Page: 1 of 9 PageID #: 523. Case No.: 4:14-cv-00159

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

Case: 1:06-cv Document #: 771 Filed: 03/15/19 Page 1 of 9 PageID #:28511

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. TJ H Case No. 5:15-cv ~jc~-gjs

Case 2:13-md MMB Document 766 Filed 07/17/18 Page 1 of 10 IN THE UNITED ST ATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Fourth Court of Appeals San Antonio, Texas

Case 2:10-md CJB-SS Document Filed 04/12/16 Page 1 of 38 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

Case MDL No Document 402 Filed 10/20/15 Page 1 of 9. BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTlDlSTRlCT LITIGATION

Case 1:15-md AJT-TRJ Document 1524 Filed 06/15/18 Page 1 of 12 PageID# 17458

IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER ON PRELIMINARY APPROVAL

Case 1:13-cv LGS Document 866 Filed 09/08/17 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Case 2:17-cv AJS Document 50 Filed 06/13/17 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Case 5:05-cv RMW Document 97 Filed 08/08/2007 Page 1 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN LUIS OBISPO UNLIMITED JURISDICTION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA NOTICE OF PENDENCY OF CLASS ACTION SETTLEMENT AND FINAL APPROVAL HEARING

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : :

Case 4:10-cv YGR Document Filed 06/17/16 Page 1 of 11

ORDERED in the Southern District of Florida on March 1, 2016.

Case rfn11 Doc 1013 Filed 02/17/17 Entered 02/17/17 15:47:39 Page 1 of 11

Case 1:09-cv RB-RHS Document 139 Filed 11/01/13 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

Smith v. RJM Acquisitions Funding, LLC Doc. 35 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

Case 1:14-md JMF Document 875 Filed 04/24/15 Page 1 of 8

Case 2:16-cv JNP Document 179 Filed 03/05/19 Page 1 of 8

If you were sent facsimile advertisements from TOMY, you could get a payment from a class action settlement.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA LEROY BOLDEN ET AL. CIVIL ACTION VERSUS NO

FILED: KINGS COUNTY CLERK 02/22/ :16 AM INDEX NO /2015

Case 3:11-md DMS-RBB Document 108 Filed 12/18/12 Page 1 of 12

Case 3:11-cv RBD-TEM Document 150 Filed 08/23/12 Page 1 of 5 PageID 3418

Case Document 1870 Filed in TXSB on 05/13/13 Page 1 of 7

Transcription:

Case 2:09-md-02047-EEF-JCW Document 12770 Filed 03/05/12 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA : MDL NO. 2047 IN RE: CHINESE MANUFACTURED DRYWALL : PRODUCTS LIABILITY LITIGATION : SECTION: L : : JUDGE FALLON : MAG. JUDGE WILKINSON................................................................ : THIS DOCUMENT RELATES TO ALL CASES. ORDER STAYING CLAIMS INVOLVING KPT CHINESE DRYWALL On December 20, 2011, the PSC and the Knauf Defendants 1 filed a Joint Motion for an Order (1) Preliminarily Approving the Knauf Settlement; (2) Conditionally Certifying a Settlement Class; (3) Issuing Class Notice; (4) Scheduling a Fairness Hearing; and (5) Staying Claims as to the Knauf Defendants [Rec. Doc. No. 12061]. 2 On January 10, 2012, the Court entered an Order Preliminarily Approving the Knauf Settlement, Conditionally Certifying a Knauf Settlement Class, Issuing Class Notice, Scheduling a Settlement Fairness Hearing, and Staying Claims as to the Knauf Defendants [Rec. Doc. No. 12138] ( Preliminary Approval Order ). In the Preliminary Approval Order, the Court entered a stay that, among other things, extend[ed] to all cases involving KPT Chinese Drywall filed on or before December 9, 2011, 1 The Knauf Defendants are: Knauf Plasterboard (Tianjin) Co., Ltd.; Knauf Plasterboard (Wuhu) Co., Ltd.; Guangdong Knauf New Building Material Products Co., Ltd.; Knauf Gips KG; Gebrueder Knauf Verwaltungsgesellschaft KG; Knauf International GmbH; Knauf Insulation GmbH; Knauf UK GmbH; Knauf AMF GmbH & Co., KG; Knauf do Brasil Ltda.; and PT Knauf Gypsum Indonesia. 2 Capitalized terms used in this Order have the same meaning as those defined in the Settlement Agreement Regarding Claims Against the Knauf Defendants in MDL No. 2047, dated December 20, 2011 (the Knauf Settlement ), attached as Exhibit A to the Memorandum of Law in Support of the Joint Motion.

Case 2:09-md-02047-EEF-JCW Document 12770 Filed 03/05/12 Page 2 of 5 whether or not a Knauf Defendant is a party to the case, unless an objection [wa]s filed with the Court by January 16, 2012. Various state court plaintiffs 3 and builder-defendants, Southern Homes, 4 Lennar, 5 G.L. Homes 6 and Meritage, 7 filed objections to the stay. In addition, supplierdefendant Banner previously filed an objection to the stay. 8 The Court ordered the settling parties and the objectors to meet and confer concerning the objections. As a result of those discussions, all objections have been resolved or deferred and this Order is submitted on consent of the settling parties and the objectors. Therefore, pursuant to the Court s authority under the All Writs Act (28 U.S.C. 1651) in aid of its jurisdiction, IT IS ORDERED THAT: 1. With respect to actions pending in federal court, subject to paragraphs 4 through 6 below, prosecution against the Knauf Defendants, Banner, InEx, and L&W, 9 of any federal case 3 Rec. Doc. Nos. 12174 and 12183. 4 Southern Homes objection was filed on behalf of Southern Homes, LLC, Tallow Creek, LLC and Springhill, LLC, collectively [Rec. Doc No. 12185]. 5 Lennar s objection was filed on behalf of Lennar Corporation, Lennar Homes, LLC f/k/a Lennar Homes, Inc. and U.S. Home Corporation, collectively [Rec. Doc. No. 12215]. 6 G.L. Homes objection was filed on behalf of G.L. Building Corporation, G.L. Homes of Florida Corporation, G.L. Homes Limited Corporation, G.L. Homes of Boynton Beach Associates IX, Ltd., Boynton Beach Associates KVI, LLP, Boynton Beach Associates XVI Corporation, Miramar Associates IV, LLP, Miramar IV Corporation, G.L. Homes of Davie Associates II, Ltd., G.L. Homes of Davie Associates III, Ltd. and G.L. Homes of Davie IV Corporation, collectively [Rec. Doc. No. 12213]. 7 Meritage s objection was filed on behalf of Meritage Homes of Florida, Inc. and Meritage Homes of Texas, LP, collectively [Rec. Doc. No. 12214]. 8 Banner s objection was filed on behalf of Banner Supply Company, Banner Supply Company Pompano, LLC, Banner Supply Company Fort Myers, LLC, Banner Supply Company Tampa, LLC, Banner Supply Company Port St. Lucie, LLC and Banner Supply International, LLC, collectively [Rec. Doc. No. 12085]. 9 L&W means L&W Supply Corporation and USG Corporation.

Case 2:09-md-02047-EEF-JCW Document 12770 Filed 03/05/12 Page 3 of 5 seeking recovery for damage allegedly caused by KPT Chinese Drywall, whether or not a Knauf Defendant is a party to the federal case, shall be stayed pending the settlement proceedings and further Orders of the Court. 2. Prosecution of federal court actions against any defendants or third-party defendants (collectively defendants ) eligible to participate in the Prospective Insurer Agreement or Major Builder Settlement Agreement of any federal case seeking recovery for damage allegedly caused by KPT Chinese Drywall shall be stayed for 45 days from the entry of this Order. No later than 45 days after the entry of this Order, the PSC will provide a list of those defendants that have committed to settle pursuant to the Prospective Insurer Agreement, those defendants that have committed to settle pursuant to the Major Builder Settlement Agreement, and those defendants that have not committed to settle pursuant to either Agreement; for this purpose, a failure to respond one way or the other will be treated as non-commitment. At the end of the 45-day period, the stay of federal court litigation will be extended as to those defendants that have committed to settle pursuant to the Prospective Insurer Agreement or Major Builder Settlement Agreement, and will end as to those defendants that have not committed to settle pursuant to either Agreement. A defendant that has not committed to settle pursuant to the Prospective Insurer Agreement or Major Builder Settlement Agreement may seek to extend the stay of federal court litigation beyond the 45-day period only for good cause shown. Any party may oppose such application for an extension. 3. Without objection, with respect to actions pending in any state court, subject to paragraphs 4 through 6, prosecution against any defendant or third-party defendant of any state case seeking recovery for damage allegedly caused by KPT Chinese Drywall, whether or not a Knauf Defendant is a party to the state case, shall be stayed for 45 days from the entry of this

Case 2:09-md-02047-EEF-JCW Document 12770 Filed 03/05/12 Page 4 of 5 Order. Each party s position on the propriety of a non-consensual stay of state court litigation is explicitly preserved; consent to the 45-day stay herein shall not be deemed a waiver in any court of any jurisdictional or other arguments in opposition to entry of a stay of state court litigation beyond 45 days. The Court reserves decision on whether it can or will issue a non-consensual stay beyond 45 days, and will decide de novo any application for an extension of the stay beyond 45 days, without regard to any party s prior consent to this 45-day stay. 4. The stay of federal court litigation and the 45-day stay of state court litigation does not extend to the following: (i) claims against manufacturers of Non-KPT Chinese Drywall in cases seeking recovery for damage allegedly caused by both KPT Chinese Drywall and Non- KPT Chinese Drywall; and (ii) claims or litigation involving a builder that has remediated homes containing KPT or Non-KPT Chinese Drywall and its insurer(s) regarding insurance coverage. 5. The Court does not decide at this time whether the stay of federal court litigation and the 45-day stay of state court litigation apply to class members, if any, who timely opt out of the Knauf, Banner, InEx, L&W and/or Prospective Insurer Agreement Settlements. Each party s position on the issue of whether the stays apply to class members, if any, who opt out of the settlements is explicitly preserved, including each party s position concerning the jurisdiction of any Court to consider that issue. 6. Banner s claims against the Knauf Defendants are not subject to the stay, as Banner and the Knauf Defendants have voluntarily agreed to a temporary postponement of litigation with respect to Banner s claims against the Knauf Defendants. In light of that agreement, the portion of Banner s objection asserting that the stay should not apply to Banner absent its consent is MOOT and each party s position on the issue is explicitly preserved. 7. Any party may move to expand, narrow, modify or vacate the stay upon good

Case 2:09-md-02047-EEF-JCW Document 12770 Filed 03/05/12 Page 5 of 5 cause shown. 8. The stay orders entered in the InEx Class Settlement (Rec. Doc. No. 8818) and the Banner Class Settlement (Rec. Doc. No. 9489) remain in full force and effect. This Order supplements, but does not alter, the stay orders in favor of InEx and Banner. New Orleans, Louisiana this 2nd day of March 2012. U.S. District Judge