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MDL 2196

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.
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
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
Fax: 212-849-7100

Marvin A. Miller
Miller Law
Ste. 2910
115 South LaSalle Street
Chicago, IL 60603
Fax: 312-676-2676

Defendants' Liaison Counsel: Kendall Millard
Barnes & Thornburg - Indianapolis
1313 Merchants Bank Bldg.
11 South Meridian Street
Indianapolis, IN 46204
Fax: 317-231-7433

James H. Walsh
McGuire Woods - Richmond
One James Center
901 East Cary Street
Richmond, VA 23219
Fax: 804-698-2200


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 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 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
Order This Court held a record in-person status conference on 11/5/2013 (Court Reporter: Angela Nixon) and heard argument from counsel regarding several discovery disputes. See order and transcript for details. This Court will not alter the October 2014 trial date included in the Second Amended Scheduling Order. This Court scheduled a non-evidentiary hearing on the pending Motions for Class Certification 577 and 584 for 1/15/2014 at 9:30 AM (EST) in Courtroom 209 before Judge Jack Zouhary. 11/8/2013
Third Amended Scheduling Order See Order for details. Trial ready date shall be 10/1/2014. 11/22/2013
Order re Class Certification Motions Hearing Format. Hearing set for 1/15/14. Court will propound Questions for the Parties by 1/8/14. See Order for hearing procedures. Parties to submit proposed agenda of miscellaneous housekeeping items by 1/6/14. Roll call for hearing due 1/13/14.. 12/11/2013
Questions Questions for the Hearing on Class Certification 1/9/2014
Questions Questions on Arbitration Matters to be Discussed at Hearing on Class Certification 1/10/2014
Preliminary Comments by Court Prior to Class Certification Hearing. 1/14/2014
Fourth Amended Scheduling Order Counsel recently submitted proposed changes to the Third Amended Scheduling Order (Doc. No. 814 ). This Court adopts most of those dates, and sets forth the remaining calendar for 2014 within. Final Pretrial Conference (in-person) October 1 @ 10 AM; Trial October 15 @ 9 AM. 2/24/2014
Order The Direct Purchaser Plaintiffs motion for class certification (Dkt. 584 ) is granted. This case is certified as a class action under Rule 23(b)(3) of the Federal Rules of Civil Procedure for purposes of litigation and trial. The seven named plaintiffs Ace Foam, Inc.; Adams Foam Rubber Co.; Cambridge of California, Inc.; Foam Factory Inc.; GCW t/a Floors USA; J&S Packaging, Inc; and VFP Acquisitions, Inc. d/b/a Vanguard Foam & Packaging are designated as the Direct Purchaser class representatives. Under Rules 23(c)(1)(B) and 23(g) of the Federal Rules of Civil Procedure, the Court appoints Quinn Emanuel Urquhart & Sullivan, LLP (Quinn Emanuel) and Boies, Schiller & Flexner LLP (BSF) as co-lead class counsel for the class. 4/16/2014
Order Indirect Purchaser Plaintiffs Motion For Class Certification (Doc. 577) is GRANTED. An indirect purchaser class under Rule 23(b)(3) of the FRCP for purposes of litigation and trial is CERTIFIED consisting of: All persons or entities in Alabama, Arizona, California, Colorado, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia, and Wisconsin who purchased products containing flexible polyurethane foam, not for resale, which were manufactured, produced or supplied by Defendants or their unnamed co-conspirators from January 1, 1999 to the present. Excluded from the Class are governmental entities, Defendants, their co-conspirators and their representatives, parents, subsidiaries and affiliates. 4/16/2014
Fifth Amended Scheduling Order Having reviewed all the letters, and discussed with counsel proposed revisions, this Court grants Defendants motion in part, allowing for an extensionas outlined in this order. 4/24/2014
Order Follow-Up to May 27,2014 Record Phone Conference 5/30/2014
Order  re: June 24 Conference. 6/26/2014
Order Selecting Initial Trial, Requiring Party Mediation, and Revising Remaining Dealines 7/3/2014
Agenda for July 31 Record Conference 7/24/2014
Briefing Schedule and Trial Order Court amends deadlines set forth in its previous Order 1272 as follows: MSJs due 8/25/14; Oppositions to MSJs due 9/25/14; Replies in Support of MSJs 10/10/14; Motions in Limine/Daubert Motions due 11/10/14; Oppositions to Motions in Limine due 11/24/14; Hearing (in-person) (agenda TBD) set for 12/5/14 at 10:00 AM; Jury Selection and Trial to follow beginning on 2/3/15. Court declines to accept MSJ briefing from a DAP case at this time. The DAP cases will continue on a separate track and the February 2015 trial will be limited to the Direct Purchaser Class. 8/8/2014
Summary Judgment Briefing Protocol Parties shall brief MSJs according to the guidelines set forth in attached Order. Defendants shall have a total of up to 200 pages (combined) for their respective briefs in support of MSJs and applicable Daubert challenges. Direct Purchaser Class shall have a total of up to 140 pages for their opposition to Defendants' MSJs and applicable Daubert challenges. Defendants shall have a total of up to 80 pages (combined) for replies in support of their respective MSJs and applicable Daubert challenges. Clerk shall strike any filing that fails to comply with guidelines/requirements. 8/8/2014
Order Appointing Special Master David R. Cohen pursuant to FRCP 53(b)(2). 8/12/14