Organizational Orders

This document repository may not be a complete inventory of all decisions.  These electronic versions are not official documents of record; the official records are available at the Clerk's Office.
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Orders Description
05/14/09 [#18842] Minute Entry establishing post-trial briefing schedule.
01/13/09 [#17448] Minute Entry concerning an informal status conference concerning the scope and contours of any trials on the merits in MRGO/BARGE. (See Case Management Order No. 7, Paragraph V (Doc. 12935). It was ordered that Liaison Counsel for MRGO plaintiffs, MRGO defendants, BARGE plaintiffs, and BARGE defendants and the United States file with the Court no later than March 15, 2009, a joint written statement proposing which cases should be tried in July of 2009 in the event no class is certified. In the event that a consensus cannot be reached, then separate proposals are allowed to be filed. (Doc. 17466).
10/09/09[#15841]  Order continuing Robinson trial to April 20, 2009. An extensive briefing schedule was established in this Order. The Court continued the hearing date to December 18, 2008 on the United States’ Motion for Summary Judgment (Doc. 15317) and the hearing on the Motion for Summary Judgment to be filed by the United States on the Discretionary Function Exception (Doc. 16511) was set for January 9, 2009. No more substantive motions will allowed to be filed in Robinson.
08/28/08 [# 14720]


Minute Entry from telephonic status conference held to discuss the protocol for determining individual cases for trial in July of 2009 as set forth in CMO No. 7 (Doc. 12935). Because of the continuance in the Robinson matter, it is clear that a determination of liability with respect to the United States for damages allegedly caused by the MRGO will not be decided prior to the scheduled hearing for Class Certification in December. It was also indicated that because the United States was having difficulty with respect to the promulgation of its expert reports, a further continuance in Robinson may be sought. The Court indicated that, as there appeared to be no consensus on the cases for to be tried in July, the Court would independently select them. Furthermore, the Court indicated that it was inclined not to allow individual named class members to be used as test cases unless that particular plaintiff chose to opt out of the class. A Joint Proposed Protocol was to be filed on September 24, 2008. (Doc. 14720)
06/23/08 [#13598] Case Management Order Re: Road Home Settlement Protocol
06/13/08[#13521] Post-Sher Insurance Umbrella Case Management Order
06/03/08[#13438] Minute Entry ordering amendment of Robinson complaint and continuing trial to January 20, 2009.
05/01/08[#12935] Case Management Order No. 7 establishing new cut-offs and trial dates for LEVEE, MRGO and BARGE


Minute Entry from Status Conference in Insurance and Road Home ordering case management orders and procedures to help encourage and obtain settlements in insurance cases.


Minute Entry setting status conference for Road Home and Insurance cases with 5th Circuit affirmation of the Court's jurisdiction.
03/07/08[#11705] Minute Entry from Scheduling Conference for MRGO and BARGE Master Class Action cases

The court granted the Washington Group International, Inc.'s Ex parte Motion for Scheduling Conference and/or to Amend Case Management Orders (Doc. 11238) insofar as the Court proposes a number of changes in the deadlines which have not expired in MRGO and BARGE as contained in Case Management Orders Nos. 4 and 5 (see the Order for details); the Court Further ordered that these proposed deadlines will be the subject of a status conference which shall be held 3/7/2008 @ 10:00 AM before Judge Stanwood R. Duval Jr. 

The Court also granted the Motion to Sever, Motion to Consolidate Cases filed by Parfait Family (07-3500) (Doc. 8698).  The causes of action asserted in the Parfait Family v. United States, et al., C.A. No. 07-3500 be Severed and Reconsolidated by virtue of the two amending complaints as found in (Doc. 8698), and that the Clerk of Court shall assign a separate civil action case number for all administrative, statistical, and docketing purposes to the claims severed in the MRGO litigation group umbrella.  The Court further ordered that this order shall have no bearing on the pending (Doc. 8364) Motion to Dismiss filed by the United States.

The Court denied the Motion to Dismiss, Motion to Stay filed by Washington Group International, Inc., (Doc. 8224) and Motion to Stay filed by Orleans Levee District. (Doc. 8428)   (Doc. 11449)

01/22/08[#10723] Amended Order clarifying the January 17, 2008 order concerning a stay in all FTCA and/or AEA actions. No motions are to be filed in these cases other than Barge, Robinson, and the Levee and MRGO Master Class Action Cases. If a party seeks to file a motion stayed by this order, counsel must request a status conference to seek leave to file same. The United States is to file a specific list of the cases and case numbers of the cases so affected by February 1, 2008.
01/17/08[#10620] Order granting the United States of America’s Motion for a Stay of All Cases Apart from Barge, Robinson, and the Levee and MRGO Master Class Action Cases (Doc. 9057). No further motion practice shall occur in any other matter concerning FTCA or AEA claims against the United States until the stay is lifted upon the resolution of the immunity issues inherent therein as proceeding under the CMO No. 4 in the Master Complaints, Barge and Robinson.
01/09/08[#10289] Order resolving a dispute concerning the Statement of Facts that was to be filed in conjunction with the Robinson motions concerning §702c immunity, also ordered that the stay of discovery on the merits in Robinson as set forth in and revised in Docs. Nos. 3408, 3603, and 8416 be lifted and notice of any discovery pursued in Robinson shall be given to liaison counsel in the umbrella.
01/04/08[#10110] Order clarifying the terms of the stay entered with regard to the Insurance Umbrella (Doc. 7759) entered on November 26, 2007. The stay applies without limitation to discovery, any deadlines for responsive pleadings or other motions with respect to the Insurance Category. With the exception of joint motions to dismiss resolved cases, no motions of any kind are to be filed during this time. However, where a case has been bifurcated under CMO No. 4, leave may be sought to file a motion to effectuate the scheduling order in place with respect to that case.
01/02/08[#10054] Order setting the hearing on United States of America’s Motion to Dismiss Lafarge North America Inc.'s Third-Party Complaints (Doc. 7730) on March 11, 2008 at 9:00 a.m. so that it will be heard in tandem with the motions on the same issue in the Robinson matter.
12/04/07[#9343] Minute Entry from Status Conference wherein the schedule for briefing on the Untied States Motion for Summary Judgment on the § 702c immunity issue in the Robinson matter was amended with new briefing dates and the hearing set for March 11, 2008 commencing at 9:00 a.m.
11/26/07[#9227] A status conference was held concerning the course of action the Court should take in light of the decision rendered by the Fourth Circuit Court of Appeal for the State of Louisiana in Joseph Sher v. Lafayette Ins. Co., et al., 2007 CA-0757, November 19, 2007. Recognizing that it is direct conflict with the Fifth Circuit’s decision reversing this court on certain insurance coverage issues and that said issue is one which will ultimately be decided by the Louisiana Supreme Court, the Court denied the entry of final judgment on the Fifth Circuit ruling (Docs. 8051 and 9073) and denied the defendants’ Joint Motion To: (1) Modify the Court’s May 1, 2006 Consolidation Order; and (2) Deconsolidate and/or Sever Cases Within the Insurance Umbrella (Doc. 7759).
11/07/07[#8928] The Court granted the Joint Motion to Modify Case Management and Scheduling Order No. 4, as Amended, to Defer Class Action Certification Proceedings (Doc. 8603) until such time as the Court has rendered its decision on (1) 702c immunity of the Corps with respect to Levee and MRGO, (2) the Rule 12 and Rule 56 motions of the Washington Group International, and a Motion to Strike the class Action Allegations which -will be ordered to be filed by the Untied States in the event it is not found to be immune from suit.
11/06/07[#8873] Interim "Road Home" Case Management Order entered in lieu of CMO No. 6 (Doc. 7729)
10/24/07[#8667] Minute Entry from status conference held to discuss with counsel a Joint Motion to Modify Case Management and Scheduling Order No. 4, as Amended, to Defer Class Action Certification Proceedings (Doc. 8603). The Court ordered responsive pleadings to be filed and found that the Class Certification proceedings which were then scheduled for November 5, 2007 might need to be continued. The Court also questioned whether the adjudication of the third-party claim of Lafarge against the United States ought to be adjudicated with the MRGO claims.
09/20/07[#7809] Order resetting hearing date on Daubert and substantive motions due to be filed no later than June 9, 2008 in the Robinson Case Management Order No. 1 (Doc. 3408) from July 16, 2008 to July 23, 2008 at 10:00 a.m. All other deadlines established remain in place.
03/18/07 [# 7729] Order consolidating cases transferred into Section K concerning the Road Home case.
09/18/07 [# 7723]


Order consolidating cases transferred into Section K concerning the Ingram Barge cases.
09/18/07 [#7724]


Case Management and Scheduling Order No. 5 establishing a new category of cases under the umbrella--"Barge" and setting forth the new cut-offs, deadlines, hearing dates and trial date concerning this category of cases.

Amended by Doc. 9004 granting Doc. 8974.
Amended by Doc. 10881 granting Doc. 9569 establishing new deadlines and cutoffs

03/28/07  [#3573] Order granting administrative closure in "mass joinder" cases pending in the umbrella--Abadie, 06-5164, Aaron 06-4746, Keifer 06-5370 and Ausitn, 06-5383 except with respect to State Farm. See Current Developments for explanation.
03/16/07  [#3426] Order and Reasons concerning Motion to Enforce Stay Entered By Fifth Circuit on February 28, 2007. See Current Developments for Explanation
03/15/07 [# 3408] Robinson Case Management Order No. 1 for Robinson, et al. v. the United States, et al., C.A. No. 06-2286.
03/01/07 [3299]

04/17/07 [#3783]

04/17/07 [#3776]

04/26/07 [#3989]

05/23/07 [#5250]

05/29/07 [#5392]

06/13/07 [#5558]

Case Management Order No. 4 entered. See Current Developments for explanation.

Amendment #1   (Granting Doc. 3419 filed 04/15/07)

Amendment #2   (Granting Doc. 3427 filed 03/16/07)

Amendment #3   (Granting Doc. 3582 filed 03/28/07)

Amendment #4   (Granting Doc. 5148 filed 05/22/07)

Amendment #5   (Granting Doc. 5190 filed 05/23/07)

Amendment #6   (Granting Doc. 5543 filed 06/12/07)

                     SUCH MOTIONS WERE FILED.
02/12/07 [#3140] Minute Entry concerning status conference held with regard to ongoing development of Case Management Order.
02/07/07 [#3143] Minute Entry concerning status conference held with regard to scheduling of motions, including Rule 12 motions, that are pending.  Extension of time granted to March 31, 2007 for responsive pleadings.
02/05/07 [#3139] Minute Entry from Status Conference of February 5, 2007.
02/01/07 [#3142] Minute Entry concerning status conference held with regard to confection of Case Management Order.
01/24/07 [#2860] Extension of time to file responsive pleadings granted until Feb. 8, 2007; Joint Consent Order concerning Motion to Stay Abadie, Aaron, Kieffer and Austin to be filed by Feb. 1; Motion to Stay Dredging Limitation Actions continued to March 21, 2007 at 9:30 a.m.
01/19/07 [#2736] Minute Entry granting one final extension of time for the presentation of the First Discovery Plan for the Katrina Canal Breaches Consolidated Litigation that extension being to January 26, 2007.
01/11/07 [#2655] Minute Entry from Status Conference of January 11, 2007 concerning First Discovery Plan and coordination with state courts.
01/02/07 [#2471] Amended Minute Entry From Status Conference of January 2, 2007 concerning Discovery in Insurance Cases and coordination of discovery with state court cases.
12/15/06 [#2239] NOTICE regarding electronic service
12/06/06 [#2033] Case Management Order No. 3
12/06/06 [#2034] Minute Entry from Status Conference of November 29, 2006 concerning Continuing Motion Practice
11/06/06 [#1511] Order setting 11/9 MRGO Status Conference
10/20/06 [#1403] Case Management Order #2 and Consolidation of St. Rita cases
10/03/06 [#1288] Extension of time to submit Preliminary Comprehensive Plan
09/14/06 [#1143] Order setting 9/20 Status Conference
08/01/06 [#843] MRGO Deadlines
07/19/06 [#790-1] Case Management Order #1
07/14/06 [#798] Minutes of 7/14 Status Conference
06/30/06 [#724] Deadlines in Dredging suits --Reed and Artus
06/29/06 [#719] Minutes of 6/29 Status Conference
06/15/06 [#633] Minutes of 6/15 Status Conference
06/01/06 [#501] Extension of Deadlines in 06-1672, 06-1673 and 06-1674
05/24/06 [#433] Order re: WGI denying as moot Motion for Consolidation and denying Motion for Transfer of Venue
05/12/06 [#380] Minutes of 5/12 Status Conference
05/05/06 [#291] Order appointing Preliminary Master Committees
05/01/06 [#259] Order assigning All Canal Breach cases to Section K and consolidation for Pretrial Purposes
04/11/06 [#70] Consolidation/Practice and Procedure Order
04/11/06 [#69] Minutes of 4/11 Status Conference
04/04/06 [#72] Joint Report
03/30/06 [#58] Corrected fax number for court
03/24/06 [#57] Minutes of 3/24 Status Conference