Court Orders

This multidistrict litigation consists of over 50 cases currently pending before this Court. A number of cases have also been filed in several state courts. In both the federal and state cases the plaintiffs have filed suit alleging certain actual and potential damage or risks associated with Chinese-manufactured drywall. The defendants, either manufactured, distributed or installed the drywall.

The job of the Panel is to (1) determine whether civil actions pending in different federal districts involve one or more common questions of fact such that the actions should be transferred to one federal district for coordinated or consolidated pretrial proceedings; and (2) select the judge or judges and court assigned to conduct such proceedings.

The Judicial Panel on Multidistrict Litigation assigned this multidistrict proceeding to Judge Eldon E. Fallon of the United States District Court for the Eastern District of Louisiana to coordinate discovery and other pretrial matters in the pending cases. Subsequent cases filed in any federal court will ordinarily be transferred to this district court to become part of MDL No. 2047 as "Tag Along" cases. The purposes of this transfer or "centralization" process are to avoid duplication of discovery, to prevent inconsistent pretrial rulings, and to conserve the resources of the parties, their counsel and the judiciary. Upon the conclusion of discovery and other pretrial matters, the cases that constitute MDL 2047, unless otherwise resolved, will be transferred back to the federal district courts from which they originated for trial.

The court orders listed below are from Judge Eldon E. Fallon of the United States District Court for the Eastern District of Louisiana.

MDL No. 2047 Caption IN RE: Chinese-Manufactured Drywall Products Liability Litigation

Transferee Judge Eldon E. Fallon
District Eastern District of Louisiana
Transfer Date 06/15/2009
Website www.laed.uscourts.gov/Drywall/Drywall.htm
Master Docket No. 2:09-md-2047

This document repository may not be a complete inventory of all decisions.  These electronic versions are not official documents of record; the official records are available at the Clerk's Office or online via PACER.
The following documents are in PDF format and can be viewed or printed using Adobe's Acrobat® Reader.

Court Orders

COURT ORDERS
(Click to download pdf)
DESCRIPTION
 
November 2, 2009
The Court issued Pretrial Order #17 recognizing and confirming KPT's agreement to accept service of the PSC's Omnibus Class Action Complaint.
 
October 13, 2009
The Court issued Pretrial Order #14(A) which amends Pretrial Order #14, in order to properly reflect the agreement entered into by the parties in drafting the Exporter, Importer or Broker Defendant Profile Form. The revised Profile Form is attached and replaces the original Profile Form attached to Pretrial Order #14.
 
October 9, 2009
Amending Pretrial Order #1 and instituting a protocol for preservation of physical evidence
 
September 28, 2009
Monthly Status Conference 09/28/09
 
September 28, 2009
Regarding confidentiality
 
September 28, 2009
Governing the treatment of all privileged or work product materials in the MDL
 
September 28, 2009
"Exporter, Importer or Broker Defendant Profile Form" and providing requirements for issuance and return of this form.
 
September 21, 2009
Order granting the Exparte/Consent Joint Motion for Entry of Photographic Catalog of Drywall Markings. The Motion was submitted in response to Pretrial Order No. 10.
 
September 18, 2009
Provide for a means of tracking remands in the MDL
 
August 28, 2009
Court amended Pretrial Order #1 to reflect that the stay in effect shall not impede counsel's obligation to timely enter their appearance on behalf of their client(s) upon effectuation of service on their client.
 
August 27, 2009
Court amended Pretrial Order #7 by issuing Pretrial Order #7B to appointment members to the Homebuilders' Steering Committee.
 
August 27, 2009
Instituting the Threshold Inspection Program ("TIP").
 
August 24, 2009
Regarding the development of the Distributor Profile Form.
 
August 24, 2009
The Court issued the Distributor Profile Form and an Order to distribute and return the form on or before September 8, 2009.
 
August 20, 2009
Requiring that Plaintiff and Defendant profile forms be distributed to the appropriate parties and filed and returned on or before September 2, 2009.
 
August 17, 2009
Regarding submission of photographic catalogs of markings, brands, endtapes, and other identifying markers found in affected homes.
 
August 11, 2009
Monthly Status Conference 08/11/09
 
August 3, 2009
Court issued Pretrial Order #7A amending Pretrial Order #7 removing certain members from the Defendants' Steering Committee while adding Gary F. Baumann to the committee.
 
July 28, 2009
Regarding Plaintiff's Counsel's Time and Expense submission
 
July 27, 2009
Plaintiffs' Steering Committee
 
July 27, 2009
Defendants' Steering Committee
 
July 20, 2009
Electronic Service
 
July 9, 2009
Monthly Status Conference 07/09/09
 
July 9, 2009
Provision of attorney contact information to Liaison Counsel
 
July 5, 2009
Service and Docketing Responsibilities of Liaison Counsel
 
July 2, 2009
Appointment of Defendants' Liaison Counsel
 
July 2, 2009
Appointment of Plaintiffs' Liaison Counsel
 
July 2, 2009
Regarding procedures for transfer of cases.
 
June 16, 2009
Initial Pretrial Conference.
 
June 15, 2009
TRANSFER ORDER FROM THE MDL PANEL transferring 9 actions to the Eastern District of Louisiana.