In re Chinese Manufactured Drywall Prods. Liab. Litig.
| Decision Date | 04 September 2012 |
| Docket Number | MDL No. 2047. |
| Citation | In re Chinese Manufactured Drywall Prods. Liab. Litig., 894 F.Supp.2d 819 (E.D. La. 2012) |
| Parties | In re CHINESE MANUFACTURED DRYWALL PRODUCTS LIABILITY LITIGATION. |
| Court | U.S. District Court — Eastern District of Louisiana |
OPINION TEXT STARTS HERE
Phillip A. Wittmann, Stone, Pigman, Walther, Wittmann, LLC, Judy Y. Barrasso, Barrasso, Usdin, Kupperman, Freeman & Sarver, LLC, New Orleans, LA, for Homebuilders and Installers Steering Committee and Insurer Steering Committee.
ORDER & REASONS
Before the Court are the following four motions: (1) Taishan Gypsum Co. Ltd's (“TG”) Renewed Motion to Vacate the Default Judgment and Dismiss the Complaint in Germano v. Taishan Gypsum Co., Ltd., Case No. 09–6687 (R. Doc. 13490); (2) TG's Renewed Motion Pursuant to Rules 55(c) and 12(b)(2) to Vacate the Entry of Default and Dismiss This Action in The Mitchell Co., Inc. v. Knauf Gips KG, Case No. 09–4115 (R. Doc. 13566); (3) TG and Taian Taishan Plasterboard Co., Ltd.'s (“TTP”)(collectively “Taishan” or “Taishan Entities”) Motion Pursuant to Rule 12(b)(2) to Dismiss the Complaint in Gross v. Knauf Gips KG, Case No. 09–6690 (R. Doc. 13590); and (4) TG and TTP's Motion Pursuant to Rule 12(b)(2) to Dismiss the Complaint in Wiltz v. Beijing New Building Materials Public Ltd., Co., Case No. 10–361 (R. Doc. 13591). Extensive discovery was conducted in preparation for the motions, followed by lengthy briefing and an evidentiary hearing with oral arguments. The Court has now reviewed the parties' arguments, the relevant evidence, and the applicable law, and it is ready to rule.
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In re Chinese-Manufactured Drywall Prods. Liab. Litig.
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...Breyer's opinion purports to rely on existing precedent to reach its conclusion.”); In re Chinese Manufactured Drywall Products Liab. Litig., 894 F.Supp.2d 819, 849 (E.D.La.2012) (Fallon, J.) aff'd, 742 F.3d 576 (5th Cir.2014) (“Justice Breyer's concurrence, the governing decision, expressl......
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...Fitzhenry-Russell cited no class action case – let alone one since Bauman (cf. In re Chinese Manufactured Drywall Products Liability Litigation, 894 F. Supp. 2d 819, 858 (E.D. La. 2012) (severing non-resident class member claims in identical situation pre-Bauman), aff’d, 742 F.3d 576 & ......