Picht v. James Hardie Building Products, Inc.

Filing 136

ORDER. IT IS HEREBY ORDERED: 1. Plaintiffs' Motion to Strike Defendant James Hardie Building Products Inc.'s Notice of Supplemental Authority 289 is DENIED. 2. Defendant's Motion for Leave to Cite Supplemental Authority in S upport of Brief in Opposition to Plaintiffs' Motion for Class Certification 299 is GRANTED. 3. Plaintiffs' Motion for Leave to Cite Supplemental Authority in Support of Motion for Class Certification 301 is GRANTED. 4. Plaintiffs& #039; Motion for Leave to Cite Supplemental Authority in Support of Plaintiffs Motion for Class Certification 424 is GRANTED. 5. Plaintiffs' Motion for Leave to File Notice of Supplemental Authority in Support of Plaintiffs' Motion for Class Certification 432 is GRANTED. 6. Defendant's Motion for Leave to Cite Supplemental Authority 442 is GRANTED. 7. Defendant's Motion for Leave to Cite Supplemental Authority 447 is GRANTED. 8. Plaintiffs' Motion for Leave to Cite Supplemental Authority 453 is GRANTED. 9. Defendant's Motion for Leave to Cite Supplemental Authority 459 is GRANTED. 10. Plaintiffs' Motion for Leave to Cite Supplemental Authority in Support of Motion for Class Certification 464 is GRANTED. 11. Plaintiffs' Motion to Strike Improperly Filed Material or, in the Alternative for Leave to File a Reply Brief 476 is DENIED. 12. Defendant's Motion for Leave to Cite Supplemental Authority 479 is GRANTED. (Written Opinion)l Signed by Judge Michael J. Davis on 12/20/17. Associated Cases: 0:12-md-02359-MJD-LIB et al.(GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

IN RE: HARDIEPLANK FIBER CEMENT
SIDING LITIGATION

Case No. 12-md-2359
MDL No. 2359

THIS DOCUMENT RELATES TO
ALL ACTIONS

ORDER

This matter is before the Court on the parties’ various motions to cite
supplemental authority in connection with the class certification, Daubert, and
summary judgment motions pending before the Court. The Court will permit
both sides to supplement the record as requested.
Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
1. Plaintiffs’ Motion to Strike Defendant James Hardie Building
Products Inc.’s Notice of Supplemental Authority [Docket No.
289] is DENIED.
2. Defendant’s Motion for Leave to Cite Supplemental Authority in
Support of Brief in Opposition to Plaintiffs’ Motion for Class
Certification [Docket No. 299] is GRANTED.
3. Plaintiffs’ Motion for Leave to Cite Supplemental Authority in
Support of Motion for Class Certification [Docket No. 301] is
GRANTED.
1

4. Plaintiffs’ Motion for Leave to Cite Supplemental Authority in
Support of Plaintiffs’ Motion for Class Certification [Docket No.
424] is GRANTED.
5. Plaintiffs’ Motion for Leave to File Notice of Supplemental
Authority in Support of Plaintiffs’ Motion for Class Certification
[Docket No. 432] is GRANTED.
6. Defendant’s Motion for Leave to Cite Supplemental Authority
[Docket No. 442] is GRANTED.
7. Defendant’s Motion for Leave to Cite Supplemental Authority
[Docket No. 447] is GRANTED.
8. Plaintiffs’ Motion for Leave to Cite Supplemental Authority
[Docket No. 453] is GRANTED.
9. Defendant’s Motion for Leave to Cite Supplemental Authority
[Docket No. 459] is GRANTED.
10. Plaintiffs’ Motion for Leave to Cite Supplemental Authority in
Support of Motion for Class Certification [Docket No. 464] is
GRANTED.
11. Plaintiffs’ Motion to Strike Improperly Filed Material or, in the
Alternative for Leave to File a Reply Brief [Docket No. 476] is
DENIED.
12. Defendant’s Motion for Leave to Cite Supplemental Authority
[Docket No. 479] is GRANTED.

Dated: December 20, 2017

s/Michael J. Davis
Michael J. Davis
United States District Court
2