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 66 |
Filed: 9/16/2013, Entered: None |
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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) (Entered: 09/16/2013)
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| 65 |
Filed: 9/9/2013, Entered: None |
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ANSWER to Amended Complaint by James Hardie Building Products, Inc.. (Fisher, Heidi) (Entered: 09/09/2013)
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| 64 |
Filed: 9/5/2013, Entered: None |
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NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for In Re: HardiePlank Fiber Cement Siding Litigation. (Carlson, Scott) (Entered: 09/05/2013)
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| 63 |
Filed: 8/9/2013, Entered: None |
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AMENDED COMPLAINT FIRST AMENDED CONSOLIDATED COMPLAINT against All Defendants. Filed by Plaintiffs' Lead Counsel. No summons requested. (Attachments: # 1 Affidavit of Proper Venue) (Shelquist, Robert) (Entered: 08/09/2013)
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| 62 |
Filed: 7/25/2013, Entered: None |
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ORDER granting 61 Motion for Extension of Time to Answer by all Defendants. Signed by Chief Judge Michael J. Davis on 7/25/13. (KMW) (Entered: 07/25/2013)
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| 61 |
Filed: 7/23/2013, Entered: None |
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MOTION for Extension of Time to File Answer to Amended Consolidated Complaint by James Hardie Building Products, Inc.. (Fisher, Heidi) (Entered: 07/23/2013)
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| 60 |
Filed: 7/15/2013, Entered: None |
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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) (Entered: 07/15/2013)
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| 59 |
Filed: 5/14/2013, Entered: None |
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MEMORANDUM in Opposition re 57 MOTION Leave to Cite Supplemental Authority in Opposition re 36 MOTION to Dismiss/General by Plaintiffs Heidi Picht and Jonathan Bowers and filed by James Hardie Building Products, Inc.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Fisher, Heidi) (Entered: 05/14/2013)
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| 58 |
Filed: 5/7/2013, Entered: None |
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MEET and CONFER STATEMENT re 57 Motion for Miscellaneous Relief, filed by Plaintiffs' Lead Counsel. (Shelquist, Robert) (Entered: 05/07/2013)
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| 57 |
Filed: 5/7/2013, Entered: None |
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MOTION Leave to Cite Supplemental Authority in Opposition re 36 MOTION to Dismiss/General by Plaintiffs Heidi Picht and Jonathan Bowers and by Plaintiffs' Executive Committee. (Attachments: # 1 Exhibit(s) A)(Shelquist, Robert) (Entered: 05/07/2013)
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| 56 |
Filed: 5/3/2013, Entered: None |
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MEMORANDUM in Opposition re 49 MOTION to Supplement Record with supplemental legal authority, 55 MOTION to Supplement Record with Supplemental Legal Authority filed by All Plaintiffs. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Moriarity, Scott) (Entered: 05/03/2013)
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| 55 |
Filed: 4/22/2013, Entered: None |
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MOTION to Supplement Record with Supplemental Legal Authority by James Hardie Building Products, Inc.. (Attachments: # 1 Exhibit(s) A)(Fisher, Heidi) (Entered: 04/22/2013)
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| 54 |
Filed: 4/15/2013, Entered: None |
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TRANSCRIPT of Motions Hearing held on 03/21/2013 before Chief Judge Michael J. Davis. (75 pages). Court Reporter: Lori Simpson (E-mail: Lori_Simpson@mnd.uscourts.gov. Telephone: (612) 664-5104). Redaction Request due 5/6/2013. Redacted Transcript Deadline set for 5/16/2013. Release of Transcript Restriction set for 7/15/2013. For information on redaction procedures, please review Local Rule 5.5. (ls) (Entered: 04/15/2013)
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| 53 |
Filed: 4/15/2013, Entered: None |
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NOTICE of Filing of Official Transcript. A total of 1 transcripts are associated with this filing. (ls) (Entered: 04/15/2013)
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| 52 |
Filed: 3/27/2013, Entered: None |
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MEMORANDUM by Plaintiffs' Lead Counsel Plaintiffs' Supplemental Memorandum in Opposition to Defendant's Motion to Dismiss filed by Plaintiffs' Lead Counsel. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Shelquist, Robert) (Entered: 03/27/2013)
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| 51 |
Filed: 3/21/2013, Entered: None |
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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) (Entered: 03/21/2013)
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| 50 |
Filed: 3/21/2013, Entered: None |
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Minute Entry for proceedings held before Chief Judge Michael J. Davis: Motion Hearing held on 3/21/2013 re 49 MOTION to Supplement Record with supplemental legal authority filed by James Hardie Building Products, Inc., 36 MOTION to Dismiss/General filed by James Hardie Building Products, Inc. Motions were moved, argued and taken under advisement. Order to follow. (Court Reporter Lori Simpson) (KMW) (Entered: 03/21/2013)
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| 49 |
Filed: 3/12/2013, Entered: None |
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MOTION to Supplement Record with supplemental legal authority by James Hardie Building Products, Inc.. (Attachments: # 1 Exhibit(s) A)(Fisher, Heidi) (Entered: 03/12/2013)
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| 48 |
Filed: 2/1/2013, Entered: None |
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REPLY re 36 MOTION to Dismiss/General Reply Brief in Support of James Hardie Building Products' Motion to Dismiss filed by James Hardie Building Products, Inc.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Murphy, Christopher) (Entered: 02/01/2013)
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| 47 |
Filed: 1/31/2013, Entered: None |
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ORDER TO EXTEND THE WORD COUNT re 46 Letter to Request Permission to Exceed Word/Line Limits filed by James Hardie Building Products, Inc.. Signed by Chief Judge Michael J. Davis on 1/31/13. (KMW) (Entered: 01/31/2013)
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| 46 |
Filed: 1/30/2013, Entered: None |
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LETTER to Request Permission to Exceed Word/Line Limits on behalf of James Hardie Building Products, Inc.. (Fisher, Heidi) (Entered: 01/30/2013)
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| 45 |
Filed: 1/18/2013, Entered: None |
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MEMORANDUM in Opposition re 36 MOTION to Dismiss/General filed by Plaintiffs' Executive Committee. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Shelquist, Robert) (Entered: 01/18/2013)
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| 44 |
Filed: 1/7/2013, Entered: None |
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ORDER EXTENDING BREIFING SCHEDULE re 43 Stipulation filed by James Hardie Building Products, Inc., and Plaintiffs' Lead Counsel. Signed by Chief Judge Michael J. Davis on 1/7/13. (KMW) (Entered: 01/07/2013)
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| 43 |
Filed: 1/3/2013, Entered: None |
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STIPULATION to Extend Briefing Deadlines by James Hardie Building Products, Inc., Plaintiffs' Lead Counsel. (Shelquist, Robert) (Entered: 01/03/2013)
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| 42 |
Filed: 12/21/2012, Entered: None |
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CERTIFICATE OF SERVICE ON PROPOSED ORDER by James Hardie Building Products, Inc. re 36 MOTION to Dismiss/General (Klink, David) (Entered: 12/21/2012)
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| 41 |
Filed: 12/21/2012, Entered: None |
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MEET and CONFER STATEMENT re 36 Motion to Dismiss/General filed by James Hardie Building Products, Inc.. (Klink, David) (Entered: 12/21/2012)
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| 40 |
Filed: 12/21/2012, Entered: None |
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EXHIBIT B re 38 Memorandum in Support of Motion filed by James Hardie Building Products, Inc.. (Attachments: # 1 Exhibit B)(Klink, David) Modified on 12/26/2012 (kt). (Entered: 12/21/2012)
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| 39 |
Filed: 12/21/2012, Entered: None |
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EXHIBIT A re 38 Memorandum in Support of Motion filed by James Hardie Building Products, Inc. (Attachments: # 1 Exhibit A)(Klink, David) Modified on 12/26/2012 (kt). (Entered: 12/21/2012)
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| 38 |
Filed: 12/21/2012, Entered: None |
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MEMORANDUM in Support re 36 MOTION to Dismiss/General filed by James Hardie Building Products, Inc.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Klink, David) (Entered: 12/21/2012)
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| 37 |
Filed: 12/21/2012, Entered: None |
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NOTICE OF HEARING ON MOTION 36 MOTION to Dismiss/General : Motion Hearing set for 3/21/2013 09:30 AM in Courtroom 15E (MPLS) before Chief Judge Michael J. Davis. (Klink, David) (Entered: 12/21/2012)
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| 36 |
Filed: 12/21/2012, Entered: None |
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MOTION to Dismiss/General by James Hardie Building Products, Inc.. (Klink, David) (Entered: 12/21/2012)
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| 35 |
Filed: 11/27/2012, Entered: None |
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NOTICE of Appearance by Scott Moriarity on behalf of Brian Bethel. (Moriarity, Scott) (Entered: 11/27/2012)
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| 34 |
Filed: 11/19/2012, Entered: None |
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NOTICE of Appearance by Robert K Shelquist on behalf of Michael Swiencki. (Shelquist, Robert) (Entered: 11/19/2012)
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| 33 |
Filed: 11/16/2012, Entered: None |
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AMENDED COMPLAINT CONSOLIDATED against James Hardie Building Products, Inc., filed by Plaintiffs' Lead Counsel. (Shelquist, Robert) (Entered: 11/16/2012)
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| 32 |
Filed: 11/6/2012, Entered: None |
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CONDITIONAL TRANSFER ORDER (CTO-5) (akl) (Entered: 11/06/2012)
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| 31 |
Filed: 10/25/2012, Entered: None |
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CONDITIONAL TRANSFER ORDER (CTO-4) (akl) (Entered: 10/25/2012)
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| 30 |
Filed: 10/25/2012, Entered: None |
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TRANSCRIPT of Status Conference held on 09/12/2012 before Chief Judge Michael J. Davis. (17 pages). Court Reporter: Lori Simpson (E-mail: Lori_Simpson@mnd.uscourts.gov. Telephone: (612) 664-5104). Redaction Request due 11/15/2012. Redacted Transcript Deadline set for 11/26/2012. Release of Transcript Restriction set for 1/23/2013. For information on redaction procedures, please review Local Rule 5.5. (Simpson, Lori) (Entered: 10/25/2012)
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| 29 |
Filed: 10/25/2012, Entered: None |
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NOTICE of Filing of Official Transcript. A total of 1 transcripts are associated with this filing. (Simpson, Lori) (Entered: 10/25/2012)
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| 28 |
Filed: 10/18/2012, Entered: None |
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NOTICE by Heidi Picht Notice of Potential Tag-Along Action (Attachments: # 1 Exhibit(s) Scheduled Actions, # 2 Certificate of Service, # 3 Exhibit(s) Docket, # 4 Exhibit(s) Complaint)(Wolchansky, Melissa) (Entered: 10/18/2012)
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| 27 |
Filed: 10/9/2012, Entered: None |
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SPECIAL MASTER CASE MANAGEMENT ORDER NO. 1- SCHEDULING. Signed by Special Master Jonathan Lebedoff on 10/9/12. (KMW) (Entered: 10/09/2012)
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| 26 |
Filed: 10/4/2012, Entered: None |
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NOTICE of Appearance by Frances E Baillon on behalf of All Plaintiffs. (Baillon, Frances) (Entered: 10/04/2012)
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| 25 |
Filed: 10/3/2012, Entered: None |
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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) (Entered: 10/03/2012)
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| 24 |
Filed: 10/3/2012, Entered: None |
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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) (Entered: 10/03/2012)
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| 23 |
Filed: 10/2/2012, Entered: None |
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DOCUMENT FILED IN ERROR-DUPLICATE ENTRY-PRETRIAL ORDER #1. Signed by Chief Judge Michael J. Davis on 10/1/12. (akl) Modified on 10/2/2012 (akl). (Entered: 10/02/2012)
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| 22 |
Filed: 10/1/2012, Entered: None |
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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) (Entered: 10/01/2012)
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| 21 |
Filed: 10/1/2012, Entered: None |
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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) (Entered: 10/01/2012)
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| 20 |
Filed: 9/28/2012, Entered: None |
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ORDER granting 15 Motion to Appoint Counsel. Signed by Chief Judge Michael J. Davis on 9/28/12. (akl) (Entered: 09/28/2012)
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| 19 |
Filed: 9/28/2012, Entered: None |
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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) (Entered: 09/28/2012)
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| 18 |
Filed: 9/20/2012, Entered: None |
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CERTIFICATE OF SERVICE ON PROPOSED ORDER by Heidi Picht re 15 MOTION to Appoint Counsel Motion of Plaintiff Groups' Application for Lead Counsel and Executive Committee (Shelquist, Robert) (Entered: 09/20/2012)
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| 17 |
Filed: 9/20/2012, Entered: None |
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AFFIDAVIT of Robert K. Shelquist in SUPPORT OF 15 MOTION to Appoint Counsel Motion of Plaintiff Groups' Application for Lead Counsel and Executive Committee filed by Heidi Picht. (Attachments: # 1 Exhibit(s) A-I)(Shelquist, Robert) (Entered: 09/20/2012)
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| Save 25% on a pre-paid one year subscription. |
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| 16 |
Filed: 9/20/2012, Entered: None |
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MEMORANDUM in Support re 15 MOTION to Appoint Counsel Motion of Plaintiff Groups' Application for Lead Counsel and Executive Committee filed by Heidi Picht. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Shelquist, Robert) (Entered: 09/20/2012)
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| 15 |
Filed: 9/20/2012, Entered: None |
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MOTION to Appoint Counsel Motion of Plaintiff Groups' Application for Lead Counsel and Executive Committee by Heidi Picht. (Shelquist, Robert) (Entered: 09/20/2012)
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| 14 |
Filed: 9/20/2012, Entered: None |
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NOTICE of Appearance by Karen Hanson Riebel on behalf of Heidi Picht. (Riebel, Karen) (Entered: 09/20/2012)
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| 13 |
Filed: 9/12/2012, Entered: None |
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Minute Entry for proceedings held before Chief Judge Michael J. Davis: Status Conference held on 9/12/2012. (Court Reporter Lori Simpson) (KMW) (Entered: 09/17/2012)
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| 12 |
Filed: 9/13/2012, Entered: None |
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ORDER STAYING PRETRIAL DEADLINES IN CASE PICHT V. JAMES HARDIE BUILDING PRODUCTS (11-CV-958). Signed by Chief Judge Michael J. Davis on 9/13/12. (KMW) (Entered: 09/13/2012)
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| 11 |
Filed: 9/13/2012, Entered: None |
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CONDITIONAL TRANSFER ORDER (CTO-3) (akl) (Entered: 09/13/2012)
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| 10 |
Filed: 9/6/2012, Entered: None |
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REPORT Joint Case Management Conference Statement by Susan S. Buchanan, James Dillingham, Hugh Fenwick, In Re: HardiePlank Fiber Cement Siding Litigation, James Hardie Building Products, Inc., Mark Kostos, Heidi Picht, Michael Swiencki, The Susan S. Buchanan Personal Residence Trust, Richard Treece. (Fisher, Heidi) (Entered: 09/06/2012)
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| 9 |
Filed: 8/27/2012, Entered: None |
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NOTICE to Attorneys: A status conference for the HardiePlank Multidistrict Litigation has been scheduled for Wednesday, September 12, 2012 at 9:00 a.m. before Chief Judge Michael J. Davis in Courtroom 15E of the Minneapolis Federal Courthouse. (KMW) (Entered: 08/27/2012)
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| 8 |
Filed: 7/13/2012, Entered: None |
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NOTICE of Appearance by Jeffrey Baltruzak on behalf of James Hardie Building Products, Inc.. (Baltruzak, Jeffrey) (Entered: 07/13/2012)
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| 7 |
Filed: 7/13/2012, Entered: None |
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NOTICE of Appearance by Robert K Shelquist on behalf of Michael Swiencki. (Shelquist, Robert) (Entered: 07/13/2012)
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| 6 |
Filed: 7/12/2012, Entered: None |
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DOCUMENT FILED IN ERROR - MOTION for Admission Pro Hac Vice for Patrick F. Madden. Filing fee $ 100, receipt number 0864-3237459 by Michael Swiencki. (Shelquist, Robert) Modified text on 7/12/2012 (MGV). (Entered: 07/12/2012)
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| 5 |
Filed: 7/12/2012, Entered: None |
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DOCUMENT FILED IN ERROR - MOTION for Admission Pro Hac Vice for Shanon J. Carson. Filing fee $ 100, receipt number 0864-3237452 by Michael Swiencki. (Shelquist, Robert) Modified text on 7/12/2012 (MGV). (Entered: 07/12/2012)
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| 4 |
Filed: 7/12/2012, Entered: None |
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DOCUMENT FILED IN ERROR - MOTION for Admission Pro Hac Vice for Lawrence Deutsch by Michael Swiencki. (Shelquist, Robert) Modified text on 7/12/2012 (MGV). (Entered: 07/12/2012)
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| 3 |
Filed: 7/11/2012, Entered: None |
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CONDITIONAL TRANSFER ORDER (CTO-2) (akl) (Entered: 07/11/2012)
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| 2 |
Filed: 6/21/2012, Entered: None |
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CONDITIONAL TRANSFER ORDER (CTO-1) (akl) (Entered: 06/22/2012)
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| 1 |
Filed: 6/11/2012, Entered: None |
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CERTIFIED COPY OF TRANSFER ORDER from Judicial Panel on Multidistrict Litigation pursuant to 28 USC 1407 that the actions pending in districts other than the District of Minnesota are transferred to the District of Minnesota, creating MDL 2329. MDL No. 2359 assigned to Chief Judge Michael J. Davis and referred to Magistrate Judge Leo I. Brisbois. (akl) (Entered: 06/11/2012)
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