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Date Filed
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#
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Docket Text
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| February 16, 2007 |
1
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Certified Copy of Transfer Order from The Judicial Panel on Multidistrict Litigation transferring the Cases Listed on Schedule A for coordinating and consolidating pretrial proceedings as
assigned to the Honorable Louis H. Pollak. (tjd) (Entered: February 20, 2007)
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| March 12, 2007 |
2
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PRACTICE AND PROCEDURE ORDER THAT ALL ACTIONS ON SCHEDULE A AND FUTURE TAG-ALONG ACTIONS SHALL BE GOVERNED BY THE PROCEDURES SET FORTH IN THIS ORDER; THE ACTIONS DESCRIBED IN PARAGRAPH 1
ARE CONSOLIDATED FOR PRETRIAL PURPOSES; A SIGNED ORIGINAL OF ANY PLEADING OR PAPER SHALL BE FILED, NO COPIES WILL BE NECESSARY; ALL PLEADINGS FILED IN THESE ACTIONS SHALL BEAR THE
IDENTIFICATION "MDL DOCKET NO. 1817", ETC.; ANY PLEADING FILED IN THIS ACTION SHALL BE FILED WITH THE CLERK OF THIS COURT AND NOT WITH THE TRANSFEROR COURT; COUNSEL WHO APPEARED IN THE
TRANSFEROR COURT PRIOR TO THE TRANSFER NEED NOT ENTER A SEPARATE APPEARANCE BEFORE THIS COURT; PRIOR TO THE FIRST PRETRIAL CONFERENCE SERVICE OF ALL PAPERS SHALL BE MADE ON EACH OF THE
ATTORNEYS ON THE PANEL ATTORNEYSERVICE LIST; THE PARTIES SHALL PRESENT TO THE COURT AT THE FIRST PRETRIAL CONFERENCE A LIST OF ATTORNEYS FOR PURPOSES OF SERVICE WITH ONLY ONE ATTORNEY FOR
EACH PARTY SEPARATELY REPRESENTED SHALL BE INCLUDED ON SUCH LIST; AT LEAST TWO WEEKS PRIOR TO THE FIRST PRETRIAL CONFERENCE COUNSEL WHOSE PARTIES HAVE SIMILAR INTERESTS SHALL DESIGNATE
LIAISON COUNSEL SUBJECT TO THE APPROVAL OF THE COURT, ETC.; UPON REMAND OF ANY OF THESE ACTIONS THE PARTIES WILL BE REQUIRED TO PROVIDE TO THIS COURT COPIES OF ANY NECESSARY AND RELEVANT
PAPER PREVIOUSLY FILED; NO PARTIES TO ANY OF THESE ACTIONS SHALL BE REQUIRED TO OBTAIN LOCAL COUNSEL IN THIS DISTRICT AND THE REQUIREMENTS OF RULE 11 OF THE RULES OF THIS COURT ARE WAIVED
AS TO ANY ATTORNEY APPEARING IN THESE ACTIONS WHO IS DULY ADMITTED TO PRACTICE BEFORE ANY UNITED STATES DISTRICT COURT; HEARINGS SHALL NOT BE HELD ON ANY MOTIONS FILED EXCEPT BY ORDER OF
THE COURT; ANY ORDERS INCLUDING PROTECTIVE ORDERS PREVIOUSLY ENTERED BY THIS COURT OR ANY TRANSFEROR COURT SHALL REMAIN IN FULL FORCE AND EFFECT UNLESS MODIFIED BY THIS COURT UPON
APPLICATION; ALL DISCOVERY PROCEEDINGS IN THESE ACTIONS ARE STAYED UNTIL FURTHER ORDER OF THIS COURT; THE FIRST ORDER OF BUSINESS IS TO HOLD A PRETRIAL CONFERENCE AT WHICH THE FRAMEWORK
OF PRETRIAL PROCEEDINGS CAN BE DETERMINED; DATES FOR THE CONFERENCE THAT WOULD BE CONVENIENT FOR THE COURT ARE (1) APRIL 4, 2007 AT 10:30 AM, (2) APRIL 9, 2007 AT 10:30 AM, AND (3) APRIL
16, 2007 AT 10:30 AM, BY MARCH 21, 2007 DEPUTY CLERK DONNA BOZZELLI IS TO BE ADVISED WHETHER ON EOR MORE OF THESE DATES WOULD NOT BE FEASIBLE, ETC.. SIGNED BY JUDGE LOUIS H. POLLAK ON
3/12/07;. 3/13/07 ENTERED AND COPIES MAILED AND E-MAILED.(tjd) (Entered: March 13, 2007)
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| March 16, 2007 |
3
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ORDER THAT A PRETRIAL CONFERENCE WILL BE HELD ON APRIL 16, 2007 AT 2:15 P.M. IN COURTROOM 16-B. SIGNED BY JUDGE LOUIS H. POLLAK ON 3/15/07; 3/19/07 ENTERED AND COPIES MAILED AND
E-MAILED.(tjd) (Entered: March 19, 2007)
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| March 20, 2007 |
4
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NOTICE of Appearance by CHARLES JOSEPH LADUCA on behalf of PLAINTIFF(S). Certificate of Service. (LADUCA, CHARLES) Modified on 3/21/2007 (tjd). (Entered: March 20, 2007)
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| March 20, 2007 |
5
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NOTICE of Appearance by JONATHAN W. CUNEO on behalf of PLAINTIFF(S). Certificate of Service. (CUNEO, JONATHAN) Modified on 3/21/2007 (tjd). (Entered: March 20, 2007)
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| March 20, 2007 |
6
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NOTICE of Change of Firm Name and Updated Contact Information filed by Michael McShane on behalf of PLAINTIFFS. Certificate of Service. (Applies to All Cases).(tjd) (Entered: March 21, 2007)
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| March 21, 2007 |
7
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Certified Copy of Conditional Transfer Order (CTO-1) from the Judicial Panel on Multidistrict Litigation that these four actions are transferred to the EDPA for coordinated or
consolidated pretrial proceedings assigned to the Honorable Louis H. Pollak: Venhaus, SD-IA, 4:06-503; Robinson, SD-IL, 3:07-12; Bobbie, Jr., DC-NJ, 2:06-4835; Harper, ED-TN, 3:04-400.
(tjd) (Entered: March 22, 2007)
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| March 30, 2007 |
8
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MOTION to Appoint Counsel as Liaison Counsel filed by PLAINTIFF(S).Memorandum, Exhibt, Certificate of Service.(LONGER, FRED) (Entered: March 30, 2007)
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| April 9, 2007 |
9
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Report Of Joint Report No. 1 of Plaintiffs' Liaison and Defendant's Counsel by PLAINTIFF(S). Certificate of Service. (SCHAFFER, CHARLES) Modified on 4/10/2007 (tjd). (Entered:
04/09/2007)
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| April 13, 2007 |
10
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Joint MOTION for Protective Order filed by PLAINTIFF(S), CERTAINTEED CORPORATION.. (Attachments: # 1 Text of Proposed
Order)(FICKLER, ARLENE) (Entered: April 13, 2007)
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| April 16, 2007 |
11
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ORDER THAT ARNOLD LEVIN IS HEREBY APPROVED AS PLAINTIFFS LIAISON COUNSEL, ETC. SIGNED BY JUDGE LOUIS H. POLLAK ON 4/16/07; 4/17/07 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO ALL
CASES).(tjd) (Entered: April 17, 2007)
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| April 16, 2007 |
12
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PRETRIAL ORDER NO. 1 RE: INITIAL MANAGEMENT AND PROCEDURE; DEFENDANT IS GRANTED AN EXTENSION OF TIME FOR RESPONDING BY MOTION OR ANSWER TO THE COMPLAINTS UP TO AND INCLUDING MAY 30, 2007;
NO MOTION SHALL BE FILED UNDER RULE 11, RULE 37, OR RULE 56 WITHOUT THE MOVANT FIRST HAVING SOUGHT A PRE-MOTION CONFERENCE WITH THE COURT, ETC.; THE NEXT PRETRIAL CONFERENCE WILL BE HELD
AT A DATE AND TIME TO BE DETERMINED BY THE COURT. SIGNED BY JUDGE LOUIS H. POLLAK ON 4/16/07; 4/17/07 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO ALL CASES).(tjd) (Entered:
04/17/2007)
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| April 16, 2007 |
13
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PRETRIAL ORDER NO. 2 RE: APPOINTING PLAINTIFFS' MANAGEMENT STRUCTURE, LIAISON COUNSEL AND INTERIM CLASS COUNSEL; THE COURT APPOINTS CO-LEAD COUNSEL CONSISTING OF THE FOLLOWING: ROBERT K.
SHELQUIST AND LOCKRIDGE, GRINDAL & NAUEN, L.L.L.P., MICHAEL MCSHANE AND AUDET & PARTNERS, LLP, AND JON CUNEO AND CUNEO, GILBERT & LADUCA, LLP, ETC.; THE COURT APPOINTS STEVEN
A. SCWARTZ OF CHIMICLES & TIKELLIS, LLP AS CHAIRMAN OF THE EXECUTIVE COMMITTEE WHO SHALL HAVE THE SAME RESPONSIBILITIES AS CO-LEAD COUNSEL; THE COURT FURTHER APPOINTS AS MEMBERS OF
PLAINTIFFS' EXECUTIVE COMMITTEE: CLAYTON D. HALUNEN, GARY E. MASON, JONATHAN SHUB, CHRISTOPHER M. PLACITELLA, MARC EDELSON, MICHAEL PLACHY, J. BARTON GOPLERUD, AND ROBERT P. MURRIAN,
ETC.; PURSUANT TO FED.R.CIV.P. 23(g) THE COURT APPOINTS CO-LEAD AND LIAISON TO ACT AS INTERIM CLASS COUNSEL, ETC. SIGNED BY JUDGE LOUIS H. POLLAK ON 4/16/07; 4/17/07 ENTERED AND COPIES
MAILED AND E-MAILED. (APPLIES TO ALL CASES). (tjd) (Entered: April 17, 2007)
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| April 16, 2007 |
14
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STIPULATED PROTECTIVE ORDER RE: GOVERNING OF CONFIDENTIAL DISCOVERY MATERIALS. SIGNED BY JUDGE LOUIS H. POLLAK ON 4/16/07; 4/17/07 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO ALL
CASES). (Attachments: # 1 order, pt2)(tjd) (Entered: April 17, 2007)
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| April 17, 2007 |
15
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Minute Entry for proceedings held before The HONORABLE LOUIS H. POLLAK : Pretrial Conference held on 4/16/07. Court Reporter: Jim Beck. (tjd) (Entered: April 18, 2007)
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| April 19, 2007 |
16
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Application to Withdrawal as Counsel of Record filed by JONI M. THOME on behalf of PLAINTIFFS. (Applies to C.A. 07-887, 07-902).(tjd) (Entered: April 19, 2007)
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| April 19, 2007 |
17
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Application to Withdrawal as Counsel of Record filed by FRANCES E. BAILLON on behalf of PLAINTIFFS. (Applies to C.A. 07-887, 07-902).(tjd) (Entered: April 19, 2007)
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| April 19, 2007 |
18
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PRETRIAL ORDER NO. 3 RE: SETTING FORTH SCHEDULE FOR DISCOVERY AND PRETRIAL PROCEEDINGS; MAY 30, 2007: LAST DAY FOR CLASS REPRESENTATIVES IDENTIFIED IN EXHIBIT "A" TO FILE INITIAL
DISCLOSURES PURSUANT TO FED.R.CIV.P. 26(a)(1) AND LAST DAY FOR DEFENDANT TO FILE A RESPONSE TO THE CONSOLIDATED AMENDED COMPLAINT AND FILE INITIAL DISCLOSURES PURSUANT TO FED.R.CIV.P.
26(a)(1); JUNE 29, 2007: LAST DAY FOR PLAINTIFFS TO FILE OPPOSITION TO ANY MOTION TO DISMISS; JUNE 30, 2007: LAST DAY FOR PARTIES TO RESPOND TO INITIAL WRITTEN DISCOVERY REQUESTS; JULY
17, 2007: LAST DAY FOR DEFENDANT TO FILE REPLY TO PLAINTIFF'S OPPOSITION TO ANY MOTION TO DISMISS; DECEMBER 3, 2007: LAST DAY FOR PLAINTIFFS TO FILE: EXPERT REPORT ON CLASS CERTIFICATION
AND MOTION FOR NATIONAL AND STATE CLASS CERTIFICATIONS; FEBRUARY 4, 2008: LAST DAY FOR DEFENDANT TO FILE EXPERT REPORT ON CLASS CERTIFICATION AND OPPOSITION TO MOTION FOR NATIONAL AND
STATE CLASS CERTIFICATIONS; MARCH 3, 2008: LAST DAY FOR PLAINTIFFS TO FILE REBUTTAL EXPERT REPORT RE: CLASS CERTIFICATION AND REPLY PAPERS IN SUPPORT OF MOTION FOR NATIONAL AND STATE
CLASS CERTIFICATION REPLY. SIGNED BY JUDGE LOUIS H. POLLAK ON 4/19/07; 4/20/07 ENTERED AND COPIES MAILED TO LIAISON COUNSEL. (APPLIES TO ALL CASES).(tjd) (Entered: April 20, 2007)
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| May 1, 2007 |
19
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MOTION to Appoint Counsel Michael Flannery as a member of the Executive Committee filed by PLAINTIFF(S).Certificate of Service.(SCHAFFER, CHARLES) (Entered: May 1, 2007)
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| May 22, 2007 |
20
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PRETRIAL ORDER NO. 4 THAT MICHAEL FLANNERY IS HEREBY APPOINTED AS A MEMBER OF PLAINTIFFS' EXECUTIVE COMMITTEE AND HE SHALL BEAR THE RESPONSIBILITY OF A MEMBER OF PLAINTIFFS' EXECUTIVE
COMMITTEE AS OUTLINED IN THIS COURT'S PRETRIAL ORDER NO. 2. SIGNED BY JUDGE LOUIS H. POLLAK ON 5/16/07; 5/23/07 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO ALL CASES).(tjd)
(Entered: May 23, 2007)
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| May 30, 2007 |
27
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ANSWER to Complaint together with Affirmative Defenses to Plaintiffs' Consolidated Amended Class Action Complaint by CERTAINTEED CORPORATION. Certificate of Service. (WAKSMAN, JEFFREY)
Modified on 8/3/2007 (tjd). (Entered: August 2, 2007)
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| June 18, 2007 |
21
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Certified Copy of Conditional Transfer Order (CTO-2) from the Judicial Panel on Multidistrict Litigation that these four actions are transferred to the EDPA for coordinated or
consolidated pretrial proceedings assigned to the Honorable Louis H. Pollak: Rybarczyk, SD-IN, 1:07-576; Chiacchierini, WD-NY, 6:07-6210; Crocco, ND-OH, 1:07-1373. (tjd) (Entered:
06/18/2007)
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| June 20, 2007 |
22
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NOTICE by PLAINTIFF(S) to associate Christine P. Bartholomew & Finkelstein Thompson LLP with this case (SCHAFFER, CHARLES) (Entered: June 20, 2007)
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| July 13, 2007 |
23
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Certified Copy of Conditional Transfer Order (CTO-3) from the Judicial Panel on Multidistrict Litigation that these two actions are transferred to the EDPA for coordinated or consolidated
pretrial proceedings assigned to the Honorable Louis H. Pollak: Eldridge, DC-ND, 1:07-38; Helmick, DC-NE, 8:07-222. (tjd) (Entered: July 13, 2007)
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| July 26, 2007 |
24
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Letter to Arnold Levin Re: Court's Request for Submission of a Joint Status Report by August 3, 2007; All filings relating to any of the CertainTeed MDL cases must be cross-filed on the
MDL docket first and then all applicable civil cases. (Applies to All Actions). (tjd) Additional attachment(s) added on 7/27/2007 (tjd, ). (Entered: July 27, 2007)
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| July 26, 2007 |
25
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Letter to Lawrence T. Hoyle and Arlene Fickler Re: Court's Request for Submission of a Joint Status Report by August 3, 2007; certainTeed's answer and affirmative defenses which was
originally filed in C.A. 06-4117 must be cross-filed in the MDL docket 07-1817; All future filings relating to any of the CertainTeed MDL cases must be cross-filed on the MDL docket first
and then all applicable civil cases. (Applies to All Actions). (tjd) (Entered: July 27, 2007)
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| July 30, 2007 |
26
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MOTION to Substitute Attorney and for Change of Address filed by PLAINTIFF(S).Certificate of Service.(SHUB, JONATHAN) (Entered: July 30, 2007)
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| August 3, 2007 |
28
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JOINT STATUS REPORT No. 2 by PLAINTIFF(S), CERTAINTEED CORPORATION. Certificate of Service. (WAKSMAN, JEFFREY) Modified on 8/6/2007 (tjd). (Entered: August 3, 2007)
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| August 9, 2007 |
29
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ORDER THAT THE MOTION OF THE LAW FIRM OF SEEGER WEISS LLP IS GRANTED; THE LAW FIRM OF SEEGER WEISS LLP IS SUBSTITUTED AS CLASS COUNSEL FOR THE LAW FIRM OF SHELLER, LUDWIG & BADEY,
P.C. SIGNED BY JUDGE LOUIS H. POLLAK ON 8/8/07; 8/10/07 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO C.A. 06-4243).(tjd) (Entered: August 10, 2007)
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| September 25, 2007 |
30
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STIPULATION for Order Allowing the Filing by Defendant CertainTeed Corp. of a Short-Form Answer and Affirmative Defenses by PLAINTIFF(S), CERTAINTEED CORPORATION.**(FILED IN ERROR,
COPY SENT TO CHAMBERS FOR APPROVAL)** (WAKSMAN, JEFFREY) Modified on 9/26/2007 (tjd). (Entered: September 25, 2007)
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| September 26, 2007 |
31
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NOTICE of Appearance by RICHARD A. LOCKRIDGE on behalf of PLAINTIFF(S) with Certificate of Service(LOCKRIDGE, RICHARD) (Entered: September 26, 2007)
|
| September 27, 2007 |
32
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STIPULATED ORDER ALLOWING THE FILING BY DEFENDANT CERTAINTEED CORPORATION OF A SHORT-FORM ANSWER AND AFFIRMATIVE DEFENSES IN RESPONSE TO COMPLAINTS IN THIS MDL LITIGATION AS OUTLINED IN
THIS ORDER. SIGNED BY JUDGE LOUIS H. POLLAK ON 9/26/07; 9/27/07 ENTERED AND COPIES MAILED AND E-MAILED. (APPLIES TO ALL CASES).(tjd) (Entered: September 27, 2007)
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| October 9, 2007 |
33
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MOTION For an Order to Protect the Class and Fair Conduct of this Action Pursuant to Federal Rule of Civil Procedure 23(d) Regulating Communications with Members of the Putative Class
filed by PLAINTIFF(S).Memorandum, Declaration, Certificate of Service.(SCHAFFER, CHARLES) (Entered: October 9, 2007)
|
| October 12, 2007 |
34
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SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO VENHAUS COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007
(tjd). (Entered: October 12, 2007)
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| October 12, 2007 |
35
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SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO RYBARCZYK COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service.(FICKLER, ARLENE) Modified on 10/15/2007
(tjd). (Entered: October 12, 2007)
|
| October 12, 2007 |
36
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SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO ROBINSON COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007
(tjd). (Entered: October 12, 2007)
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| October 12, 2007 |
37
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SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO JOHNSON COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007
(tjd). (Entered: October 12, 2007)
|
| October 12, 2007 |
38
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SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO HOLLIS COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007
(tjd). (Entered: October 12, 2007)
|
| October 12, 2007 |
39
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SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO BUTZ COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007 (tjd).
(Entered: October 12, 2007)
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| October 12, 2007 |
40
|
SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO CHIACCHIERINI COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on
10/15/2007 (tjd). (Entered: October 12, 2007)
|
| October 12, 2007 |
41
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SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO BOBBE COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007
(tjd). (Entered: October 12, 2007)
|
| October 12, 2007 |
42
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SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO HELMICK COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007
(tjd). (Entered: October 12, 2007)
|
| October 12, 2007 |
43
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SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO BRENDEN COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007
(tjd). (Entered: October 12, 2007)
|
| October 12, 2007 |
44
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SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO CONRAD COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007
(tjd). (Entered: October 12, 2007)
|
| October 12, 2007 |
45
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SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO CROCCO COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service.(FICKLER, ARLENE) Modified on 10/15/2007
(tjd). (Entered: October 12, 2007)
|
| October 12, 2007 |
46
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SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO FITZNER COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007
(tjd). (Entered: October 12, 2007)
|
| October 12, 2007 |
47
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SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO ELDRIDGE COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007
(tjd). (Entered: October 12, 2007)
|
| October 12, 2007 |
48
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SHORT-FORM ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO HARPER COMPLAINT by CERTAINTEED CORPORATION. Certificate of Service. (FICKLER, ARLENE) Modified on 10/15/2007
(tjd). (Entered: October 12, 2007)
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| October 26, 2007 |
49
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RESPONSE in Opposition re 33 MOTION For an Order to Protect the Class and Fair Conduct of this Action Pursuant to Federal Rule
of Civil Procedure 23(d) Regulating Communications with Members of the Putative Class MOTION For an Order to Protect the Class and Fair Conduct of this Action Pursuant to Federal Rule of
Civil Procedure 23(d) Regulating Communications with Members of the Putative Class filed by CERTAINTEED CORPORATION. Exhibits, Certificate of Service. (Attachments: # 1 Exhibit Exhibit B Part 1# 2 Exhibit Exhibit B Part 2a# 3 Exhibit Exhibit B Part 2b# 4 Exhibit Exhibit B Part 2c# 5 Exhibit Exhibit B Part 3# 6 Exhibit Exhibit B Part 4# 7 Text of Proposed Order Proposed Order)(WAKSMAN, JEFFREY) Modified on 10/29/2007 (tjd). (Entered: October 26, 2007)
|
| November 7, 2007 |
50
|
ORDER THAT A STATUS CONFERENCE WILL BE HELD ON MONDAY, NOVEMBER 26, 2007 AT 10:30AM BEFORE THE HONORABLE LOUIS H. POLLAK AND MAGISTRATE JUDGE ANGELL; THIS CONFERENCE WILL BE HELD IN
COURTROOM 7 (COURT OF APPEALS COURTROOM), SECOND FLOOR, ROBERT N.C. NIX, SR., FEDERAL BUILDING, ETC. SIGNED BY JUDGE LOUIS H. POLLAK. 11/8/07 ENTERED AND COPIES MAILED AND E-MAILED.(sc, )
(Entered: November 8, 2007)
|
| November 8, 2007 |
51
|
STIPULATION To Amend Deadlines Set Forth In Pretrial Order No. 3 by PLAINTIFF(S), CERTAINTEED CORPORATION. (FORWARD TO JUDGE FOR APPROVAL) (WAKSMAN, JEFFREY) Modified on 11/9/2007
(sc, ). (Entered: November 8, 2007)
|
| November 13, 2007 |
52
|
ORDER THAT THE STATUS CONFERENCE SCHEDULED FOR MONDAY, NOVEMBER 26, 2007 AT 10:30AM BEFORE JUDGE POLLAK AND MAGISTRATE JUDGE ANGELL IS CANCELLED, ETC. SIGNED BY JUDGE LOUIS H. POLLAK.
11/14/07 ENTERED AND COPIES MAILED AND E-MAILED.(sc, ) (Entered: November 14, 2007)
|
| November 20, 2007 |
53
|
ORDER THAT THE ORAL ARGUMENT AND STATUS CONFERENCE SCHEDULED FOR NOVEMBER 26, 2007 AT 10:30 A.M. IS HEREBY RESCHEDULED UNTIL DECEMBER 18, 2007 AT 3:00 P.M.; IT WILL BE HELD IN COURTROOM
7, SECOND FLOOR, ROBERT C. NIX FEDERAL BUILDING, ETC. SIGNED BY JUDGE LOUIS H. POLLAK ON 11/20/07; 11/20/07 ENTERED AND COPIES MAILED AND E-MAILED. (tjd) (Entered: November 20, 2007)
|
| November 20, 2007 |
54
|
STIPULATION AND ORDER RE: AMENDMENT TO DEADLINES SET FORTH IN PRETRIAL ORDER NO. 3 AS OUTLINED IN THIS ORDER, ETC. SIGNED BY JUDGE LOUIS H. POLLAK ON 11/10/07; 11/20/07 ENTERED AND COPIES
MAILED AND E-MAILED. (APPLIES TO ALL CASES).(tjd) (Entered: November 20, 2007)
|
| November 21, 2007 |
55
|
MOTION to Strike Defendant CertainTeed's Objections and Insufficient Responses to Plaintiffs' Discovery Requests and Compel Full and Complete Discovery from Defendant CertainTeed
filed by PLAINTIFF(S).Memorandum, Certificate of Service.(SCHAFFER, CHARLES) (Entered: November 21, 2007)
|
| November 29, 2007 |
56
|
Praecipe to Amend Exhibits A and B to 55 MOTION to Strike Defendant CertainTeed's Objections and Insufficient Responses to
Plaintiffs' Discovery Requests and Compel Full and Complete Discovery from Defendant CertainTeed. Exhibits, Certificate of Service. (Attachments: # 1 Exhibit A# 2 Exhibit B)(SCHAFFER, CHARLES) Modified on 11/30/2007
(tjd). (Entered: November 29, 2007)
|
| November 29, 2007 |
57
|
NOTICE of Appearance by STEVEN A. SCHWARTZ on behalf of PLAINTIFF(S) with Certificate of Service(SCHWARTZ, STEVEN) (Entered: November 29, 2007)
|
| December 12, 2007 |
58
|
STIPULATION re 55 MOTION to Strike Defendant CertainTeed's Objections and Insufficient Responses to Plaintiffs' Discovery
Requests and Compel Full and Complete Discovery from Defendant CertainTeed by PLAINTIFF(S), CERTAINTEED CORPORATION. (WAKSMAN, JEFFREY) (Entered: December 12, 2007)
|
| December 13, 2007 |
59
|
Proposed Pretrial Order Related to CertainTeed's Communication with Putative Class Members by PLAINTIFF(S), CERTAINTEED CORPORATION. (FILED IN ERROR, COPY SENT TO CHAMBERS).
(FICKLER, ARLENE) Modified on 12/14/2007 (tjd). (Entered: December 13, 2007)
|
| December 14, 2007 |
60
|
STIPULATION AND ORDER THAT THE TIME BY WHICH CERTAINTEED MUST RESPOND TO PLAINTIFFS' MOTION TO STRIKE DEFENDANTS OBJECTIONS IS EXTENDED UNTIL JANUARY 11, 2008. SIGNED BY HONORABLE LOUIS
H. POLLAK ON 12/14/07; 12/14/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (APPLIES TO ALL CASES).(tjd) (Entered: December 14, 2007)
|
| December 14, 2007 |
61
|
ORDER THAT STARTING NO LATER THAN TWENTY DAYS AFTER THE ENTRY OF THIS ORDER CERTAINTEED SHALL SEND THE NOTICE IN THE FORM ATTACHED AS EXHIBIT A TO EACH PROPERTY OWNER WHO HAS APPLIED
CERTAINTEED ROOFING SHINGLES TO THEIR ROOF AND TO WHOM CERTAINTEED OFFERS A WARRANTY SETTLEMENT UPON EXECUTION OF ITS SURESTART RELEASE, ITS GENERAL RELEASE OR ANY OTHER GENERAL RELEASE
THAT RELEASES CERTAINTEED FROM LIABILITY ARISING FROM THE PROPERTY OWNER'S PURCHASE, APPLICATION, OR USE OF CERTAINTEED'S ROOFING SHINGLE PRODUCTS; THE NOTICE WILL BE SENT IN THE SAME
MAILING IN WHICH CERTAINTEED COMMUNICATES ITS WARRANTY SETTLEMENT OFFER TO EACH SUCH PROPERTY OWNER; THIS ORDER APPLIES ONLY TO ROOFING SHINGLES MANUFACTURED AND SOLD BY CERTAINTEED SINCE
1987. SIGNED BY HONORABLE LOUIS H. POLLAK ON 12/14/07; 12/14/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (APPLIES TO ALL CASES).(tjd) (Entered: December 14, 2007)
|
| December 14, 2007 |
62
|
ORDER THAT THE ORAL ARGUMENT AND STATUS CONFERENCE SCHEDULED FOR DECEMBER 18, 2007 AT 3:00 P.M. IS HEREBY CANCELLED. SIGNED BY HONORABLE LOUIS H. POLLAK ON 12/14/07; 12/14/07 ENTERED AND
COPIES MAILED, E-MAILED AND FAXED. (APPLIES TO ALL CASES).(tjd) (Entered: December 14, 2007)
|
| December 14, 2007 |
63
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ORDER THAT PURSUANT TO 28 U.S.C. 636(b)(1)(A), F.R.C.P. 72(a) AND L.R.C.P. 72.1(I)(e) THIS CASE IS ASSIGNED TO THE HONORABLE M. FAITH ANGELL, MAGISTRATE JUDGE FOR FURTHER PRETRIAL
MANAGEMENT PURPOSES. SIGNED BY HONORABLE LOUIS H. POLLAK ON 12/14/07; 12/14/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (APPLIES TO ALL CASES).(tjd) (Entered: December 14, 2007)
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| December 19, 2007 |
64
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NOTICE of Appearance by SUSAN K. HERSCHEL on behalf of CERTAINTEED CORP. ROOFING SHINGLE PRODUCTS LIABILTY LITIGATION, CERTAINTEED CORPORATION with Certificate of Service(HERSCHEL, SUSAN)
(Entered: December 19, 2007)
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| January 11, 2008 |
65
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STIPULATION re 55 MOTION to Strike Defendant CertainTeed's Objections and Insufficient Responses to Plaintiffs' Discovery
Requests and Compel Full and Complete Discovery from Defendant CertainTeed TO FURTHER EXTEND TIME by PLAINTIFF(S), CERTAINTEED CORPORATION.**(FILED IN ERROR, COPY TO CHAMBERS
FOR APPROVAL)** (WAKSMAN, JEFFREY) Modified on 1/14/2008 (tjd). (Entered: January 11, 2008)
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| January 14, 2008 |
66
|
NOTICE of Appearance by KIMBERLY A. SANDERS on behalf of PLAINTIFF(S) with Certificate of Service(SANDERS, KIMBERLY) (Entered: January 14, 2008)
|
| January 14, 2008 |
67
|
NOTICE of Appearance by KIMBERLY MARISA LITMAN KIMMEL on behalf of PLAINTIFF(S) with Certificate of Service(LITMAN KIMMEL, KIMBERLY) (Entered: January 14, 2008)
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| February 5, 2008 |
68
|
SHORT-FORM ANSWER to Complaint together with Affirmative Defenses to Plaintiff's Class Action Complaint of Anderson by CERTAINTEED CORPORATION. Certificate of Service.
(FICKLER, ARLENE) Modified on 2/6/2008 (tjd). (Entered: February 5, 2008)
|
| February 5, 2008 |
69
|
SHORT-FORM ANSWER to Complaint together with Affirmative Defenses to Plaintiff's Class Action Complaint of George by CERTAINTEED CORPORATION. Certificate of Service.
(FICKLER, ARLENE) Modified on 2/6/2008 (tjd). (Entered: February 5, 2008)
|
| February 5, 2008 |
70
|
SHORT-FORM ANSWER to Complaint together with Affirmative Defenses to Plaintiff's Class Action Complaint of Cassidy by CERTAINTEED CORPORATION. Certificate of Service.
(FICKLER, ARLENE) Modified on 2/6/2008 (tjd). (Entered: February 5, 2008)
|
| February 5, 2008 |
71
|
SHORT-FORM ANSWER to Complaint together with Affirmative Defenses to Plaintiff's Class Action Complaint of Swartz by CERTAINTEED CORPORATION. Certificate of Service.
(FICKLER, ARLENE) Modified on 2/6/2008 (tjd). (Entered: February 5, 2008)
|
| February 5, 2008 |
72
|
SHORT-FORM ANSWER to Complaint together with Affirmative Defenses to Plaintiff's Class Action Complaint of Flathmann by CERTAINTEED CORPORATION. Certificate of Service.
(FICKLER, ARLENE) Modified on 2/6/2008 (tjd). (Entered: February 5, 2008)
|
| February 7, 2008 |
73
|
STIPULATION re 55 MOTION to Strike Defendant CertainTeed's Objections and Insufficient Responses to Plaintiffs' Discovery
Requests and Compel Full and Complete Discovery from Defendant CertainTeed TO FURTHER EXTEND THE TIME FOR CERTAINTEED TO RESPOND by PLAINTIFF(S), CERTAINTEED
CORPORATION.**(FILED IN ERROR, COPY SENT TO CHAMBERS FOR APPROVAL)** (FICKLER, ARLENE) Modified on 2/8/2008 (tjd). (Entered: February 7, 2008)
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| February 20, 2008 |
74
|
STIPULATION AND ORDER THAT THE TIME BY WHICH CERTAINTEED CORPORATION MUST RESPOND TO PLAINTIFF'S MOTION TO STRIKE AND TO COMPEL IS EXTENDED UNTIL APRIL 30, 2008; PLAINTIFF'S MOTION TO
STRIKE DEFENDANT CERTAINTEED'S OBJECTIONS AND INSUFFICIENT RESPONSES TO PLAINTIFFS' DISCOVERY REQUESTS AND COMPEL FULL AND COMPLETE DISCOVERY FROM DEFENDANT CERTAINTEED IS DISMISSED
WITHOUT PREJUDICE TO RENEW AFTER APRIL 30, 2008. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 2/19/08; 2/21/08 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (APPLIES TO ALL CASES).(tjd)
(Entered: February 21, 2008)
|
| March 17, 2008 |
75
|
NOTICE of Appearance by TAMMI MARKOWITZ on behalf of CERTAINTEED CORPORATION with Certificate of Service(MARKOWITZ, TAMMI) (Entered: March 17, 2008)
|
| April 1, 2008 |
76
|
NOTICE by PLAINTIFF(S) Regarding Sealed Documents (SCHAFFER, CHARLES) (Entered: April 1, 2008)
|
| April 1, 2008 |
77
|
MOTION to Certify Class filed by PLAINTIFF(S).Certificate of Service.(SCHAFFER, CHARLES) (Entered: April 1, 2008)
|
| April 1, 2008 |
78
|
PLAINTIFFS' Memorandum of Law Filed Under Seal in Support of Plaintiffs' Motion for Class Certification. Exhibits A-OO Filed Under Seal. (Applies to All Cases). (FILED UNDER SEAL). (tjd)
(Entered: April 1, 2008)
|
| May 14, 2008 |
79
|
STIPULATION re 54 Order To Further Extend Deadlines Set Forth in Pretrial Order No. 3 by CERTAINTEED CORP. ROOFING
SHINGLE PRODUCTS LIABILTY LITIGATION.**(FILED IN ERROR, COPY SENT TO CHAMBERS FOR APPROVAL)** (MARKOWITZ, TAMMI) Modified on 5/15/2008 (tjd). (Entered: May 14, 2008)
|
| May 21, 2008 |
80
|
Certified Copy of Conditional Transfer Order (CTO-4) from the Judicial Panel on Multidistrict Litigation that these two actions are transferred to the EDPA for coordinated or consolidated
pretrial proceedings assigned to the Honorable Louis H. Pollak: Elliott, SD-OH, 1:08-252. (tjd) (Entered: May 21, 2008)
|
| June 4, 2008 |
81
|
ANSWER to Complaint with Affirmative Defenses of Richard Elliott by CERTAINTEED CORPORATION, Certificate of Service.(MARKOWITZ, TAMMI) Modified on 6/10/2008 (fh) (Entered:
06/04/2008)
|
| June 5, 2008 |
82
|
STIPULATION AND ORDER RE: THE REMAINING DEADLINES FOR BRIEFING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION; AUGUST 29, 2008: LAST DAY FOR DEFENDANT TO FILE (1) EXPERT REPORT ON CLASS
CERTIFICATION AND (2) OPPOSITION TO MOTION FOR NATIONAL AND STATE CLASS CERTIFICATIONS; SEPTEMBER 30, 2008: LAST DAY FOR PLAINTIFFS TO FILE (1) REBUTTAL EXPERT REPORT RE: CLASS
CERTIFICATION AND (2) REPLY PAPERS IN SUPPORT OF MOTION FOR NATIONAL AND STATE CLASS CERTIFICATION REPLY. SIGNED BY MAGISTRATE JUDGE M. FAITH ANGELL ON 6/4/08; 6/6/08 ENTERED AND COPIES
MAILED, E-MAILED AND FAXED. (APPLIES TO ALL CASES).(tjd) (Entered: June 6, 2008)
|
| June 13, 2008 |
83
|
First MOTION to Strike Defendant CertainTeed Corporation's Objections and Insufficient Responses to Plaintiffs' Discovery Requests and Compel Full and Complete Discovery from Defendant
CertainTeed Corporation filed by PLAINTIFF(S).Memorandum, Certificate of Service.(SCHAFFER, CHARLES) (Entered: June 13, 2008)
|
| June 16, 2008 |
84
|
Praecipe to Amend Exhibits "A" and "B" of Plaintiffs' Motion to Strike Defendant CertainTeed Corporation's Objections and Insufficient Responses to Plaintiffs' Discovery Requests and
Compel Full and Complete Discovery From Defendant CertainTeed Corporation by PLAINTIFF(S). Certificate of Service. (SCHAFFER, CHARLES) Modified on 6/17/2008 (tjd). (Entered: June 16, 2008)
|
| June 30, 2008 |
85
|
RESPONSE in Opposition re 83 First MOTION to Strike Defendant CertainTeed Corporation's Objections and Insufficient
Responses to Plaintiffs' Discovery Requests and Compel Full and Complete Discovery from Defendant CertainTeed Corporation filed by CERTAINTEED CORPORATION. Certificate of Service.
(Attachments: # 1 Exhibit A-Part I, # 2 Exhibit A-Part II, #
3 Exhibit A-Part III, # 4 Exhibit A Part IV, # 5 Exhibit B, # 6 Exhibit C)(MARKOWITZ, TAMMI) Modified on 7/1/2008 (tjd).
(Entered: June 30, 2008)
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