Whirlpool Corp. Front-Loading Washer Products Liability Litigation
| Master Docket Number: | 1:08-wp-65000 |
| Presiding Judge: | Christopher A. Boyko |
| Courtroom Deputy | Chris Huth 216-357-7153 |
| Special Master |
David R. Cohen David R. Cohen Co. LPA 23220 Chagrin Blvd., Suite 360 Cleveland, Ohio 44122 Phone: 216-831-0001 Fax: 866-357-3535 david@specialmaster.biz |
| Liaison Counsel |
Brian G. Ruschel Ste. 660 925 Euclid Avenue Cleveland, OH 44115 216-621-3370 Fax: 216-621-3371 Email: bruschel@aol.com |
| Plaintiffs' Co-Lead Counsel |
Jonathan D. Selbin Lieff, Cabraser, Heimann & Bernstein - New York 8th Floor 250 Hudson Street New York NY 10013 212-355-9500 Fax: 212-355-9592 Email: jselbin@lchb.com Mark P. Chalos |
| Description | Actions share factual issues as to whether certain front-loading washing manufactured by Whirlpool and sold under the Whirlpool brand name contain design defects that cause the machines to fail to drain properly, thereby resulting in the creation of mold, mildew and associated unpleasant odors. |
Orders Pertaining to MDL 2001
| Transfer Order | Initial Transfer Order from Judicial Panel on Multidistrict Litigation | 12/2/2008 |
| CMC Order | Initial Case Management Conference Scheduling Order | 2/26/2009 |
| Case Management Order | Appointment of Plaintiffs' Co-lead Counsel, Liaison Counsel and Steering Committee, Case Management Deadlines, Class Certification Briefing Schedule and Miscellaneous Dates | 3/31/2009 |
| Revised Case Management Order | Revised Case Schedule | 6/29/2009 |
| Opinion and Order | Resolving doc. 21 Plaintiffs' Master Class Action Complaint | 11/3/2009 |
| Amended Opinion and Order | Re: Whirlpool's motion to dismiss | 11/4/2009 |
| Opinion and Order | Re: class certification. Leiff, Cabraser, Heimann & Bernstein appointed as class counsel. | 7/12/2010 |
| USCA Mandate | True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment | 7/23/2012 |
| Order | Lifting the stay imposed on 10/1/10 and setting a status scheduling conference for 8/7/12 at 9:00 a.m., Chambers 18A (Cleveland). The individual parties are excused; counsel and representatives, who must have full settlement authority, are required to attend. | 7/23/2012 |
| Scheduling Order | Status conference was held on 8/7/2012 imposing deadlines and dates outlined in order. | 8/7/2012 |
| Order Reassigning Case | This litigation is reassigned from the Honorable James S. Gwin to the Honorable Christopher A. Boyko pursuant to 28 USC 455. | 8/7/2012 |
| Order | Plaintiff shall file a Motion to Amend Class Definition by 8/19/2013, with Defendant's Opposition Brief due by 9/3/2013; no reply briefs will be considered. The briefs shall discuss the impact the proposed amendment will have on the pending appellate proceedings. Plaintiff shall brief what impact any Daubert briefs and hearings may have on the appellate proceedings by 8/19/2013; Defendant shall file its Response Brief by 9/3/2013. | 8/2/2013 |
| Order | Jury Trial set for 10/7/2014 at 09:00 AM in Courtroom 15B and Final Pretrial Conference set for 9/16/2014 at 11:00 AM in Chambers 15B. Oral Argument on Motion to Modify the Class Definition is set for 4/23/2014 at 02:30 PM in Courtroom 15B. Arguments shall be limited to thirty minutes per side. Parties shall submit a revised joint proposed scheduling order by 3/31/2014. | 3/25/2014 |
| Revised Scheduling Order | The Court adopts in part and modifies in part the parties' proposed schedule (Related doc # 280 ) as outlined herein. Hearing on Motion to Modify the Class Definition is set for 4/23/2014 at 02:30 PM in Courtroom 15B. Final Pretrial Conference set for 9/16/2014 at 11:00 AM in Chambers 15B and Jury Trial set for 10/7/2014 at 09:00 AM in Courtroom 15B. | 4/8/2014 |
| Appointment Order | Having given the parties notice 331 and an opportunity to be heard, and with the parties' mutual consent, the Court now Appoints as Special Master, David R. Cohen. The Court sets out the duties and terms of the Special Master and reasons for appointment, and Orders the Special Master to "proceed with all reasonable diligence," Rule 53(b)(2). | 7/10/2014 |