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MDL 2196 |
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In Re: Polyurethane Foam Antitrust Litigation
| Master Docket Number: | 1:10-md-2196 |
| Presiding Judge: | Jack Zouhary |
| Courtroom Deputy | DeAnna Cox 419-213-5679 |
| Description | Actions allege that the eleven defendants and their co conspirators engaged in a conspiracy to fix, raise, maintain and/or stabilize the prices charged for polyurethane foam sold in the United States in violation of antitrust laws. |
| Plaintiffs' Indirect Purchaser Class Lead Counsel: | Stephen R. Neuwirth Quinn, Emanuel, Urquhart, Oliver & Hedges - New York 22nd Floor 51 Madison Avenue New York, NY 10010 212-849-7000 Fax: 212-849-7100 Email: stephenneuwirth@quinnemanuel.com Marvin A. Miller Miller Law Ste. 2910 115 South LaSalle Street Chicago, IL 60603 312-332-3400 Fax: 312-676-2676 Email: mmiller@millerlawllc.com |
| Defendants' Liaison Counsel: | Kendall Millard Barnes & Thornburg - Indianapolis 1313 Merchants Bank Bldg. 11 South Meridian Street Indianapolis, IN 46204 317-231-7461 Fax: 317-231-7433 Email: kmillard@btlaw.com James H. Walsh McGuire Woods - Richmond One James Center 901 East Cary Street Richmond, VA 23219 804-775-1000 Fax: 804-698-2200 Email: jwalsh@mcguirewoods.com |
Orders Pertaining to MDL 2196
| Transfer Order | Initial Transfer Order from the Judicial Panel on Multidistrict Litigation | 12/2/2010 |
| Order 1 | In re: Agenda for Initial Conference. | 12/7/2010 |
| Order | Initial Conference set for 1/19/11 at 1:00 PM in Courtroom 209 before Judge Jack Zouhary. Counsel shall confer and file a Stipulated Proposed Agenda, including a case management schedule, by 1/12/11. Counsel shall also provide Court with a "role call" of those persons attending the conference by e-mail. No motions shall be filed prior to the Initial Conference without prior Court approval. | 12/10/2010 |
| Initial Case Management Conference Order | Initial Case Management Conference Order | 1/20/2011 |
| Order No 18 | Appointment of Lead Counsel | 1/20/2011 |
| Amended Order No 28 | Amended Order Appointing Lead Counsel | 1/28/2011 |
| Order No 29 | Re Interim Lead Counsel and Executive Committee | 1/28/2011 |
| Joint Scheduling Order | Joint Scheduling Order re proposed order filed by Direct Purchaser Class | 4/27/2011 |
| Amended Case Managment Order | Amended Case Management Order | 5/12/2011 |
| Questions for Hearing | Questions for oral argument on Defendants' Motion to Dismiss | 6/27/2011 |
| Order | Re Discovery Protocols | 9/15/2011 |
| Order | Re Transactional Data Protocol | 9/15/2011 |
| Memorandum Opinion and Order | Re Motions for Reconsideration | 9/15/2011 |
| Order | Re Electronically Stored Information | 9/15/2011 |
| Stipulation and Order | Direct Purchaser and Indirect Purchaser Class Plaintiffs and Crest Foam Industries, Inc., Inoac USA, Inc., Ohio Decorative Products, Inc., Inoac Corp., and Inoac International stipulate pursuant to Fed. R. Civ. 41(a)(1)(A)(ii) to a dismissal of Stipulating Parties without prejudice. | 9/28/2011 |
| Order No 323 | Granting in part and denying in part Plaintiffs' Motion (related doc # 293) for perliminary approval of settlement with Vitafoam, Inc. and Vitafoam Products Canada Limited. | 1/23/2012 |
| Order No. 355 | The settlements are preliminarily approved. Final determination of class certification and the ultimate fairness of these settlements will occur at a later date if and when this Court approves Plaintiffs' notice and distribution plans, and after potentially affected parties have had the opportunity to object and be heard. | 3/26/2012 |
| Order No. 405 | In light of the avalanche of discovery disputes and the unavailability of certain counsel to attend hearing set for 7/26/12, that hearing is vacated and reset for 8/16/12 at 1:00 PM in Courtroom 204. Counsel are reminded to meet and confer to discuss pending discovery disputes and motions, as it appears some of the matters submitted to this Court have been resolved or rendered moot. Also, counsel shall submit an Agenda identifying those matters which require Court ruling with reference to the e-mail or filed document where the discovery dispute is identified. Counsel shall also include with the Agenda a list of those lawyers attending the conference. The Agenda shall be filed by 8/9/12. | /7/24/2012 |
| Stipulation & Order | Regarding Expert Discovery | 8/30/2012 |
| Second Amended Scheduling Order | Scheduling additional deadlines. Trial to be held on 10/1/2014 | 8/30/2012 |
| Order | Order denying Plaintiffs' Motion for Approval of Proposed Program for Transmitting Notice of Vitafoam Settlement and Domfoam Settlement to Members of Proposed Settlement Classes. To extent Plaintiffs wish to proceed with settlement class, they should file motion for certification of settlement class, which Court will consider at hearing solely for purposes of determining propriety of class certification. If Plaintiffs prevail Court will consider form and manner of proposed notice to class of contemplated settlement and members' rights and obligations pertaining thereto. Following distribution of notice Court will conduct further hearing to consider final approval of settlement. | 10/23/2012 |
| Order | Record hearing held on 10/24/12. Motion to Compel (Costco) denied as moot. Motion to Compel (Empire) denied as moot. Simultaneous briefs re extent of discovery permitted for fabricated foam products due by 11/15/12. Jointly agreed upon Glossary of Terms due by 11/15/12. Additional briefs re procedure for Vitafoam and Domfoam settlements due by 11/2/12. Counsel to electronically file Notices of Depositions and to include a brief description of the title or position of the deponent. | 10/25/2012 |
| Order Re Settlement Class | A settlement has been reached between Plaintiffs and Defendants Vitafoam and Domfoam. Court vacates the Magistrate's Order of October 23,2012 (re 432 ). At this juncture, the terms of the settlement having been approved, this Court has reviewed Plaintiffs proposed Notice, Claim Form and Publication Notice (Doc 374 ) and Defendants Objections (Docs. 377 ), and has made revisions, copies attached (Exhibits A,B & C). These forms and notices should be completed with the cooperation of all counsel, inserting appropriate dates and completing blanks, in order that these documents be mailed promptly to the proposed class. Counsel are instructed to call Chambers at (419) 213-5675 if further guidance is needed and to obtain a date specific in February 2013 for a Hearing. | 11/29/2012 |
| Order Re Downstream Discovery | This Court believes the downstream data requested by Defendants is not relevant and therefore not discoverable. | 11/29/2012 |
| Order | Pursuant to Notice [457] and the Settlement Website www.flexiblepolyurethanefoamsettlement.com this Court will hold a Fairness Hearing on Tuesday, May 7, 2013 at 10:00 a.m. in the courtroom of the Honorable Jack Zouhary. One week prior to the hearing, counsel shall advise Chambers at Zouhary_Chambers@ohnd.uscourts.gov who will be attending the conference. | 2/8/2013 |
| Minute Order | Court held a record phone conference on March 11, 2013 (Court Reporter: Tracy Spore) and heard arguments from counsel regarding a dispute concerning the scheduling of depositions. Court cancelled the previously scheduled telephone status set for March 19, 2013 and set the following dates for future conferences: Thursday, May 23, 2013 Telephone 10:00 AM EDT; Tuesday, June 25, 2013 Telephone 10:00 AM EDT; Monday, August 5, 2013 In Person 2:00 PM EDT; Monday, September 9, 2013 Telephone 10:00 AM EDT; Thursday, October 24, 2013 In Person 1:00 PM EDT; Wednesday, December 4, 2013 Telephone 10:00 AM EST. | 3/11/2013 |
| Order | Status Phone Conference held on 6/6/13 re Stipulation and Proposed Order Setting Page Limits for Class Certification Briefing 565 . Direct Purchaser and Indirect Purchaser Plaintiffs shall have a total of 80 pages (combined) for their respective motions for class certification. Defendants shall have a total of 80 pages (combined) for their opposition to both motions. Direct Purchaser and Indirect Purchaser Plaintiffs shall have a total of 30 pages (combined) for their reply. See Order for revised deadlines; all other dates remain the same as set forth in the Second Amended Scheduling Order 417 . | 6/7/2013 |
| Order | Granting 538 Final Approval of Voluntary Dismissal and Settlement with Defendant Domfoam and Others. | 6/20/2013 |